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2, v. 30, p. 494.

Petitions for release from oflicial bond.

Sec. 3, ibid.

such claim exceeds one thousand dollars and does not exceed ten thousand dollars. All causes brought and tried under

the provisions of this act shall be tried by the court withJune 27, 1898, s. out a jury. Sec. 2, ibid. The jurisdiction hereby con


the said circuit and district courts shall not extend to cases brought to recover fees, salary, or compensation for official services of officers of the United States or brought for such purpose by persons claiming as such officers or as assignees or legal representatives thereof. Sec. 2, act of June 27, 1898 (30 Stat. L., 494).

405. That whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer, or agent, or contractor so indebted, or that he, or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States has arisen and exists, and that he or the person he represents has applied to the proper Department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said Department and to the Attorney-General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney-General shall represent the United States at the hear

ing of said cause. The court may postpone the same from Judgment.

time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found dụe by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found

due, which may be brought at any time within three years Limitation. after the final judgment of said court. Unless suit shall be

brought within said time, such claim and the claim on the


Petition settlement

for of

Sec. 5, ibid.

Sec. 6, ibid.

original indebtedness shall be forever barred. See, 3, ibid.

and procedure. 406. That the jurisdiction of the respective courts of the Sec. 4, ibid. United States proceeding under this act, including the right of exception and appeal, shall be governed by the law now in force, in so far as the same is applicable and not inconsistent with the provisions of this act; and the course of procedure shall be in accordance with the established rules of said respective courts, and of such additions and modifications thereof as said courts may adopt. Sec. 4, ibid.

407. That the plaintiff in any suit brought under the claims provisions of the second section of this act shall file a petition, duly verified, with the clerk of the respective court having jurisdiction of the case, and in the district where the plaintiff resides. Such petition shall set forth the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money or any other thing claimed, or the damages sought to be recovered and praying the court for a judgment or decree upon the facts and law. Sec. 5, ibid. Service,

408. That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of the same, by registered letter, to the Attorney-General of the United States, and shall, thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service Defense. and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Goverement Proviro, in the premises: Provided, That should the district attor- failure of Govney neglect or refuse to file the plea, answer, demurrer, or swer. defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff' shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. Sec. 6, ibid. Opinions.

409. That it shall be the duty of the court to cause a written opinion to be filed in the cause, setting forth the specific tindings by the court of the facts therein and the

Proceedings on

ernment to an

Sec. 7, ibid.

Interested par

and writs of error.

Sec. 9, ibid.

conclusions of the court upon all questions of law involved in the case, and to render judgment thereon. If the suit be in equity or admiralty, the court shall proceed with the same according to the rules of such courts. Sec. 7, ibid.

410. That in the trial of any suit brought under any of tiese ay idily the provisions of this act, no person shall be excluded as a

witness because he is a party to or interested in said suit; and any plaintiff or party in interest may be examined as a witness on the part of the Government.

Section ten hundred and seventy-nine of the Revised Statutes is hereby repealed. The provisions of section ten hundred and eighty of the Revised Statutes shall apply to

cases under this act. Sec. 8, ibid. Appeals 411. That the plaintiff or the United States, in any suit

brought under the provisions of this act shall have the same rights of appeal or writ of error as are now reserved in the statutes of the United States in that behalf made,

and upon the conditions and limitations therein contained. Procedure. The modes of procedure in claiming and perfecting an

appeal or writ of error shall conform in all respects, and as near as may be, to the statutes and rules of court govern

ing appeals and writs of error in like causes. Sec. 9, ibid. Adverse judg.

412. That when the findings of fact and the law applicaStates to be certi- ble thereto have been filed in any case as provided in section sceral, ibid. six of this act, and the judgment or decree is adverse to

the Government, it shall be the duty of the district attorney to transmit to the Attorney-General of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the written findings of the court, and his written opinion as to the same;

whereupon the Attorney-General shall determine and direct Appeal. whether an appeal or writ of error shall be taken or not;

and when so directed the district attorney shall cause an appeal or writ of error to be perfected in accordance with the terms of the statutes and rules of practice governing the same: Provided, That no appeal or writ of error shall be allowed after six months from the judgment or decree in such suit. From the date of such final judgment or decree interest shall be computed thereon, at the rate of four

per centum per annum, until the time when an appropriation is made for the payment of the judgment or decree.

Sec. 10, ibid. Report to Con- 413. That the Attorney-General shall report to Congress,

and at the beginning of each session of Congress, the suits under this act in which a final judgment or decree has been

ments to United





Sec. 11, ibid.

under Bowman

Sec. 13, ibid.

rendered giving the date of each, and a statement of the costs taxed in each case. Sec. 11, ibid.

414. That when any claim or matter may be pending in Claims referred any of the Executive Departments which involves contro-Sec. 12, ibid. verted questions of fact or law, the head of such Department, with the consent of the claimant, may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said Court of Claims, 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 report its findings to the Department by which it was transmitted. Sec. 12, ibid.

415. That in every case which shall come before the Claims referred Court of Claims, or is now pending therein, under the Action provisions of an act entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government,” approved March third, eighteen hundred and eighty-three, if it shall appear to the satisfaction of the court, upon the facts established, that it has jurisdiction to render judgment or decree thereon under existing laws Judgment. or under the provisions of this act, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall require, and report its proceedings therein to either House of Congress or to the Department by which the same was referred to said court. Sec. 13, ibid. 416. That whenever any bill, except for a pension, shall Reference

claims pending be pending in either House of Congress providing for the in Congress payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may refer the same to the Court of Claims, who shall proceed with the same in accordance with the provisions of the act approved March third, eighteen hundred and eighty-three, entitled An "act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government,” and report to such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be re


Sec. 14, ibid.

"See paragraph 333 supra (section 3, act of March 3, 1883).

Sec. 15, ibid.

moved or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy. Sec. 14, ibid.

417. If the Government of the United States shall put in issue the right of the plaintiff to recover the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such.costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the

court. Sec. 15, ibid. 2 Vol. 24, Stat. L., pp. 506–508, paragraphs 339 to 353, supra, constitute the Tucker Act. The act of March 3, 1891 (20 Stat. L., 851), confers jurisdiction upon this court to adjust certain claims arising from Indian depredations.

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