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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.2
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.
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.
Feb. 24, 1855, c. s. 3, v. 10, p. 613. Sec. 1081, R.S.
Witnesses, how compelled to attend before com
Feb. 24, 1855, c.
122, s. 3, v. 10, p. Sec. 1082, R.S.
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.
386. The commissioner taking testimony to be used in the Witnesses, how Court of Claims shall administer an oath or affirmation to
Feb. 24, 1855, c.
122, s. 5, v. 10, p. Sec. 1083, R.S.
the witnesses brought before him for examination. 122, s. 3, v. 10, p. 613.
Feb. 24, 1855, c.
122, s.3, v. 10, p.
387. When testimony is taken for the claimant, the fees Fees of comof the commissioner before whom it is taken, and the cost missioner, by 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 Government, 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 forfeited for fraud. Mar. 3, 1863, c.
388. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, 92, v. 12, p. 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
Macauley's Case, 11 Ct. Cls., 575.
Sec. 1086, R. S.
New trial on motion of claim
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
Feb. 24, 1855, c.
Sec. 1087, R. S. individuals, would furnish sufficient ground for granting
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.
New trial on motion of United States.
a new trial.
390. The Court of Claims, at any time while any claim is 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
June 25, 1868, c.
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.
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
92, s. 7, v. 12, p. 766.
Sec. 1089, R.S.
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.
392. In cases where the judgment appealed from is in 92, s. 7, v. 12, p. favor of the claimant, and the same is affirmed by the
Mar. 3, 1863, c.
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.
393. No interest shall be allowed on any claim up to the Mar. 3, 1863, c. time of the rendition of judgment thereon by the Court of
92, s. 7, v. 12, p.
Claims, unless upon a contract expressly stipulating for Sec. 1091, R.S. the payment of interest.
Payment of judgment a full
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 hereinbefore provided, shall be a full discharge
Mar. 3, 1863, c.
Sec. 1092, R.S. to the United States of all claim and demand touching any
of the matters involved in the controversy.
Ex parte Russell, 13 Wall, 664; Ex parte, in matter of U. S., 16 Wall., 699.
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.
THE BOWMAN ACT.
Mar. 3, 1863, e.
92, s. 7, v. 12, p. Sec. 1093, R.S.
396. Whenever a claim or matter is pending before committee of the Senate or House of Representatives, or before either House of Congress, which involves the inves- 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).
Claims, etc., pending before Congress involving investigation Court of Claims.
be referred to
Sec. 1, Mar. 3,
1883, v. 22, p. 485.
pending in Ex
ments may be
to Court of Claims.
Sec. 2, ibid.
397. That when a claim or matter is pending in any of Certain claims the Executive Departments which may involve contro- ecutive Departverted questions of fact or law, the head of such Depart- transmitted,etc. ment may transmit the same, with the vouchers, papers, 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. Sec. 2, ibid.
Sec. 3, ibid.
398. The jurisdiction of said court shall not extend to or Claims not include 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.
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. Cls., 166, 175.
Claims for supplies, etc., fur
399. In any case of a claim for supplies or stores taken pression of the 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 un
less the said court shall, on a preliminary inquiry, find that
Sec. 4, ibid.
Defense, etc., for the United States.
Sec. 5, ibid.
Parties in interest may testify, etc.
Sec. 6, ibid.
Sec. 7, ibid.
Suits against the Government.
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.
Reports of Court of Claims
402. That reports of the Court of Claims to Congress may be contin- under this act, if not finally acted upon during the session
etc., for ac
at which they are reported, shall be continued from session
to session and from Congress to Congress until the same
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.
THE TUCKER ACT.
403. That the Court of Claims shall have jurisdiction to hear and determine the following matters:
Court of Claims.
Jurisdiction of First. All claims founded upon the Constitution of the
1 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 e. 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 re
jected claims ex
and determine other claims which have heretofore been cepted.
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 Ibid. the Government of the United States, brought by any v. 30, p. 444; July 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).
1, 1898, s. 3., v. 30,
and circuit courts to have concurrent jurisdiction with
404. That the district courts of the United States shall District
Court of Claims;
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.