Limitation. 767. SEC. 1069. Every claim against the United States, cog3 Mar., 1863, c. nizable by the Court of Claims, shall be forever barred un92, s. 10, v. 12, p. less 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 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. Rules of prac SEC. 1070. The said court shall have power to establish tice; contempts. rules for its government and for the regulation of practice 24 Feb., 1855, c therein, and it may punish for contempt in the manner prescribed by the common law, may appoint commissioners, 3 Mar, 1863, c. and may exercise such powers as are necessary to carry into effect the powers granted to it by law. 122, s. 3, v. 10, p. 613. 92, s. 4, v. 12, p. 765. Oaths and ac- SEC. 1071. The judges and clerks of said court may adminknowledgments. ister oaths and affirmations, take acknowledgments of in3 Mar., 1863, c. struments in writing, and give certificates of the same. 92. s. 4, v. 12, p. 765. Petition. 24 Feb., 1855, c. SEC. 1072. The claimant shall, in all cases, fully set forth in his petition the claim, the action thereon in Congress, or 122, s. 1, v. 10, p. by any of the Departments, if such action has been had; 3 Mar., 1863, c. what persons are owners thereof or interested therein, when 92, s. 12, v. 12, p. and upon what consideration such persons became so inter 612. 767. Petition dismissed, if issue ested; 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 said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney. SEC. 1073. The said allegations as to true allegiance and Found against voluntary aiding, abetting, or giving encouragement to reclaimant as to al- bellion against the Government may be traversed by the legiance, &c. Government, and if on the trial such issues shall be decided 92, 9, 12, 12, against the claimant, his petition shall be dismissed. 3 Mar., 1863, c. 767. s. v. 12, p. Burden of proof and evidence as to loyalty. 25 June, 1868, c. SEC. 1074. Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to the late rebellion, the claimant asserting the loyalty 71, s. 3, v. 15, p. 75. 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 such 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. SEC. 1075. The Court of Claims shall have power to ap. Commissioners point commissioners to take testimony to be used in the investigation of claims which come before it; to prescribe the 24 Feb., 1855, c. fees which they shall receive for their services, and to issue 122, s. 3, v. 10, p. commissions for the taking of such testimony, whether 3 Mar., 1863, c. taken at the instance of the claimant or of the United 92, s. 4, v. 12, p. States. to take testimony. 613. 765. ments for infor 614. SEC. 1076. The said court shall have power to call upon any Power to call of the Departments for any information or papers it may deem upon Depart necessary, and shall have the use of all recorded and printed mation. reports made by the committees of each House of Congress, 24 Feb., 1855, c. when deemed necessary in the prosecution of its business. 122, s. 11, v. 10, p. 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. SEC. 1077. When it appears to the court in any case that the facts set forth in the petition of the claimant do not fur-mony not to be nish any ground for relief, it shall not be the duty of the court to authorize the taking of any testimony therein. SEC. 1078. No witness shall be excluded in any suit in the Court of Claims on account of color. When testi 24 Feb., 1855. c 122, s. 4, v. 10 p. 613. Witnesses not excluded on account of color. 2 July, 1864, c. 210, s. 3, v. 13, p. 351. 2 Mar., 1867, c. 166, s. 2, v. 14, p. 457. 25 June, 1868, c. 71, s. 4, v. 15, p. 75. sons interested SEC. 1079. No claimant, nor any person from or through Parties and perwhom any such claimant derives his alleged title, claim, or excluded as witright against the United States, nor any person interested nesses. in any such title, claim, or right, shall be a competent 25 June. 1868, c. witness in the Court of Claims in supporting the same; and 71, s. 4. v. 15, p. 75. no testimony given by such claimant or person shall be 92, s. 8, v. 12, p. used except as provided in the next section. 3 Mar., 1863, c. 766. claimant. 92, s. 8, v. 12, p. 25 June, 1868, c. SEC. 1080. The court may, at the instance of the attorney Examination of or solicitor appearing in behalf of the United States, make an order in any case pending therein, directing any claimant 3 Mar., 1863, c. in such case to appear, upon reasonable notice, before any 766. commissioner of the court, and be examined on oath touch- 71, s. 4, v. 15, p. 75. ing any or all matters pertaining to said claim. Such examination shall be reduced to writing by the said commissioner, and be returned to and filed in the court, and 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 Testimony brought forward for trial until he shall have fully complied with the order of the court in the premises. SEC. 1081. The testimony in cases pending before the taken where de- Court of Claims shall be taken in the county where the witness resides, when the same can be conveniently done. ponent resides. 24 Feb., 1855, c. 122, s. 3, v. 10, p. 613. compelled to at 613. Witnesses, how SEC. 1082. The Court of Claims may issue subpoenas to tend before com- require the attendance of witnesses in order to be examined missioners. before any person commissioned to take testimony therein, 24 Feb., 1855, c. and such subpoenas shall have the same force as if issued 122, s. 3, v. 10, P. from a district court, and compliance therewith shall be compelled under such rules and orders as the court shall establish. SEC. 1083. In taking testimony to be used in support of any claim, opportunity shall be given to the United States 24 Feb., 1855, c. to file interrogatories, or by attorney to examine witnesses, 122, s. 5, v. 10, P. 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. Cross examination. 613. Witnesses, how sworn. SEC. 1084. The commissioner taking testimony to be used in the Court of Claims shall administer an oath or affirma24 Feb., 1855, c, tion to the witnesses brought before him for examination. 122, s. 3, v. 10, p. 613. Fees of commissioner, by whom paid. 24 Feb., 1855, c. SEC. 1085. When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such 122, s. 3, v. 10, p. claimant; and when it is taken at the instance of the Government, such fees, together with all postage inc urred 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. 613. Claims forfeited for fraud. 92, s. 11, v. 12, p. 767. SEC. 1086. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, 3 Mar., 1863, c. 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. New trial on motion of claimant. SEC. 1087. When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by the rules of common law or chancery in suits between 122, s. 9, v. 10, p. individuals, would furnish sufficient ground for granting a new trial. 24 Feb., 1855, c. 614. New trial on States. 25 June, 1868, c. Ex parte Rus; SEC. 1088. The Court of Claims, at any time while any motion of United claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, 71, s. 2, v. 15, p. 75. on motion on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such sell, 13 Wall., 664 evidence, cumulative or otherwise, as shall satisfy the court ex parte, in matter 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. of United States, 16 Wall., 699. 92, s. 7, v. 12, ̊ p. SEC. 1089. In all cases of final judgments by the Court of Payment of judgments. Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due there-3 Mar., 1863, c. by shall be paid out of any general appropriation made by 766. 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. SEC. 1090. In cases where the judgment appealed from is in favor of the claimant, and the same is affirmed by the 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. 3 Mar., 1863, c. 92, s. 7, v. 12, p. 766. Interest on SEC. 1091. No interest shall be allowed on any claim up lim to the time of the rendition of judgment thereon by the 3 Mar., 1863, c. Court of Claims, unless upon a contract expressly stipulat- 92, s. 7, v. 12, p. ing for the payment of interest. 706. judgment a full SEC. 1092. The payment of the amount due by any judg- Payment of ment of the Court of Claims and of any interest thereon al-discharge, &c. lowed by law, as hereinbefore provided, shall be a full dis- 3 Mar., 1863, c. charge to the United States of all claim and demand touch- 92, s. 7, v. 12, p. ing any of the matters involved in the controversy. 766. SEC. 1093. Any final judgment against the claimant on Final judgany claim prosecuted as provided in this chapter shall for- ments a bar. ever bar any further claim or demand against the United 9,3 Mar, 1863, c. States arising out of the matters involved in the contro- 766. versy. s. 7, v. 12, p. CHAPTER IX. THE COMMISSIONERS OF CLAIMS. The following are the acts of Congress under which the commissioners of claims are organized and their jurisdiction defined. This tribunal is popularly, but erroneously, called the "Southern Claims Commission." AN ACT making appropriations for the support of the Army for the year ending June thirty, eighteen hundred and seventy-two, and for other purposes. SEC. 2. That the President of the United States shall be, and he is hereby, authorized to nominate, and, by and with the advice and consent of the Senate, appoint a board of commissioners, to be designated as commissioners of claims, to consist of three commissioners, who shall be commissioned for two years, and whose duty it shall be to receive, examine, and consider the justice and validity of such claims as shall be brought before them, of those citizens who remained loyal adherents to the cause and the Government of the United States during the war, for stores or supplies taken or furnished during the rebellion for the H. REP. 134—21 use of the Army of the United States, in States proclaimed as in insurrection against the United States, including the use and loss of vessels or boats while employed in the military service of the United States. And the said commissioners in considering said claim shall be satisfied from the testimony of witnesses under oath, or from other sufficient evidence, which shall accompany each claim, taken under such rules and regulations as the commissioners may adopt, of the loyalty and adherence of the claimant to the cause and the Government of the United States before and at the time of the taking or furnishing of the property for which any claim shall be made, and of the quantity, quality, and value of the property alleged to have been taking or furnished, and the time, place, and material circumstances of the taking or furnishing of the same. And upon satisfactory evidence of the justice and validity of any claim, the commissioners shall report their opinion in writing in each case, and shall certify the nature, amount, and value of the property taken, furnished, or used as aforesaid. And each claim which shall be considered, and rejected as unjust and invalid, shall likewise be reported, with the reasons therefor; and no claimant shall withdraw any material evidence submitted in support of any claim. SEC. 3. That said commissioners shall each take the oath of office provided by law to be taken by all officers of the United States, and shall proceed without delay to discharge their duties under this act. The President of the United States shall designate in his appointment one of said commissioners to be president of the board, and shall be authorized to fill any vacancy which may occur, by reason of death or resignation, in said board; and each commissioner shall have authority to administer oaths and affirmations, and to take the depositions of witnesses in all matters pertaining to their duties. The said commissioners shall meet and organize said board and hold their sessions at Washington. Two members of the board shall constitute a quorum for the transaction of business, and the agreement of two shall decide all questions in controversy. The said commissioners shall have authority to make and publish rules for their procedure, not inconsistent with this act, and shall publish notice of their sessions. They shall keep a journal of their proceedings, to be signed by the president of the board, and a register of all claims brought before the board, showing the date of presentation, number, name, and residence of claimant, subject-matter and amount of claim, and the amount, if any allowed; which records shall be open to the inspection of the President and Attorney-General of the United States, or of such officer as the President may designate. SEC. 4. That said commissioners shall make report of their proceedings, and of each claim considered by them, at the commencement of each session of Congress, to the Speaker of the House of Representatives, who shall lay the same before Congress for consideration; and all claims within this act and not presented to said board shail be barred, and shall not be entertained by any department of the Government without further authority of Congress. SCE. 5. That the commissioners of claims shall be paid quarterly under this act, at the rate of five thousand dollars per annum each, and they shall have authority to appoint one clerk and one short-hand reporter, to be paid quarterly at the rate of two thousand five hundred dollars per annum each, and one messenger, to be paid at the rate of one thousand two hundred dollars per annum, who shall perform the services required of them respectively, and said board shall be further allowed the necessary actual expenses of office-rent, furniture, fuel, stationery, |