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v. 14, p. 384.

vision IV.

the United States, any certificate, affidavit, deposition, Feb.5, 1867, s. 6. written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fittedl, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allow. ance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same bas or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or bas not already been allowed or paid, or who pre sents or uses or attempts to use any such document, record, file, or paper so taken and carried away in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars.

SEC. 5498. Every officer of the United States, or person Title 70, chap. 6. holding any place of trust or profit, or discharging any Officers, etc. official function under, or in connection with, any Execu interested in tive Department of the Government of the United States, Feb. 26, 1853, . or under the Senate or House of Representatives of the Sounder United States, who acts as an agent or attorney for prose. Bribes, etc., Di. cuting any claim against the United States, or in any man. ner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both.

That when any final judgment recovered against the Mar. 3, 1875. United States or other claim duly allowed by legal authority, Amount of dubt shall be presented to the Secretary of the Treasury for pay. duo U. S to be ment, and the plaintiff or claimant therein shall be indebted ing judgments, to the United States in any manner, whether as principal or surety, it shall be the duty of the Secretary to withhold pay. ment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set-off, and discharges his judg. ment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from Secretary the plaintiff to the United States. But if such plaintiff, or executie dis

charge, when claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judg. Additional ment, or claim, as in his opinion will be sufficient to cover amount all legal ebarges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause Daty of Secrelegal proceedings to be immediately commenced to enforce tary to sue on

. the same, and to cause the same to be prosecuted to final

etc.

to

be

to with held.

judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States,

or the amount recovered for debt and costs shall be less Balance, how than the amount so with held as before provided, the balance Mar. 3, 1875, v. shall then be paid over to such plaintiff by such Secretary 18, p. 481.

with six per cent. interest thereon for the time it has been

withheld from the plaintiff. Apr. 30, 1878. No claim shall liereafter be allowed by the accounting

Certain claims officers, under the provisions of the act of Congress, approved not to be allowed. June 16, 1874, or by the Court of Claims, or by Congress,

.
to any person, where such claimant, or those under whom
he claims, shall wilfully, knowingly, and with intent to
defraud the United States, have claimed more than was
justly due in respect to such claim, or presented any false
evidence to Congress, or to any Department or court, in
support thereof.

2, v. 20, p. 524.

See note 1.

COURT OF CLAIMS.

Sec.

Sec. 188. Evidence to be furnished by the 1074. Burden of proof and evidence as to Departments.

loyalty. 1059. Jurisdiction).

1076. Power to call upon Departments for 1060. Private claims in Congress, when

information. transmitted to Court of Claims. 1086, Claims forfeited for fraud. 1061. Judgment for set-off or counter 1087. New trial on motion of claimant. claim, how enforced.

1088. New trial on motion of United 1062. Decreeonaccount of paymasters,etc.

States.
1063, Claims referred by Departments. | 1089. Payment of judgments.
1061. Procedure in cases transinitted by 1090. Interest,
Departments.

1091. Interest on claims.
1065. Judgments in cases transmitted by 1092. Payment of judgment a full dis.
Departments, how paid.

charge, etc.
1067. Claims pending in other conrts not 1093. Final judgments a bar.

to be prosecuted in Court of Act Mar. 3, 1877. Cost of record taxed
Claims.

against losing party. 1069. Limitation.

Act Apr. 30, 1878. Frandiilently claim 1072. Petition.

ing more than is due. 1073. Petition dismissed if issue found Act Mar. 3, 1883. Act to relieve Congress against claimant as to allegiance,

and Departments in investigation ete.

of claims.

Title 4.

the Court of Claims.

See note 2.

SEC. 188. In all suits brought against the United States Evidence to be in the Court of Claims founded upon any contract, agreefurnished by the

ment, or transaction with any Department, or any Bureau, Departments in suits pending in officer, or agent of a Department, or where the matter or

thing on which the claim is based has been passed upon June 25, 1868, s. and decided by any Department, Bureau, or officer author6, v.15, p. 76.

ized to adjust it, the Attorney-General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the AttorneyGeneral all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish

Retired officers Note 1.-A retired officer of the Army is an officer of the United States" within not to act as the meaning of R. S.. sec. 5498, which prohibits, under penalty of fine or imprison. counsel.

ment, or both, every such officer from acting as an agent or attorney for prosecuting This applies to any claim against the United States, &c. To appear and argue a case for a claimant naval retired offi. would be to support a claim against the United States, and would subject the otficer

to penalty prescribed by statute.

Note 2.- The head of a Department is not at liberty to furnish to the Court of Claims, on a call from that court, information or papers, when to do so would, in his opinion, be injurious to the public interest. A return setting forth such opinion would in all cases be a suflicient answer to the rule. (Op., XIII, 539, Akerman, Nov. 24, 1871.)

cers.

the Attorney-General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively.

SEC. 1059. The Court of Claims shall have jurisdiction Title 13,chap.21. to hear and determine the following matters:

Jurisdiction. First. All claims founded upon any law of Congress, or upon any regulation of an Executive Department, or upon contracts, or roany contract, expressed or implied, with the Government ferred by Con. of the United States, and all claims which may be referred Feb. 24, 1855, 9. to it by either House of Congress.

P. 481; June 22,

Claims founded on statutes or

1, v. 10, p. 612; Mar. 3, 1875, 1. 18,

1874, s. 2, v. 18, P. 192.

cers.

Second. All set offs, counter-claims, claims for damages, Set-offs and whether liquidated or unliquidated, or other demands what counterclaims of soever, on the part of the Government of the United States Mar. 3, 1863, s.

3. v. 12, p. 765. against any person making claim against the Government in said court.

Third. The claim of any paymaster, quartermaster, com Disbursing oflj. missary of subsistence, or other disbursing officer of the

May 9, 1866, s. 1, United States, or of his administrators or executors, for v. 14, p. 41. relief from responsibility on account of capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible.

Fourth. Of all claims for the proceeds of captured or abandoned property, as provided by the act of March 12, Hordaland eighteen hundred and sixty-three, chapter one hundred and Mar 12.1804..

3, v. 12, p. 820; twenty, entitled “An act to provide for the collection of 3

July 2, 1864, ss. 2, abandoned property and for the prevention of frauds in 3:4; 13.p.13; July insurrectionary districts within the United States," or by p. 243; Feb 18 the act of July 2, eighteen hundred and sixty-four, chap 1875, v. 18, p. 318.

Claims for car.

in

set-offor counter.

en.

forced.

See sec. 3. act ter two hundred and twenty-five, being an act in addition of Mar. 3, 1883.

thereto: Provided, That the remedy given in cases of seiz. ure 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: Provided also, That the jurisdiction of the Court of Claims shall not extend to any claiin against the United States growing out of the destruction or appropriation of, or damage to, property by the Army or Navy

engaged in the suppression of the rebellion. Private claim;

SEC. 1060. All petitions and bills praying or providing Congress when transinit for the satisfaction of private claims against the Governted to Court of

ment, founded upon any law of Congress, or upon any reg. Claims.

Mar. 3. 1863, s. ulation of an Executive Department, or upon any contract, 2, v. 12, p. 765.

expressed 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 SEC. 1061. Upon the trial of any cause in which any setclaim, how off, counter-claim, claim for damages, or other demand is

set up on the part of the Government against any person Idem, s. 3. See Mar. 3. 1875, making claim against the Government in said court, the Claims as to set court shall hear and determine such claim or demand both offs.

for and against the Government and claimant; and it upon the whole case it finds that the claimant is indebted to the Government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in otlier cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be

enforced as other judgments in such courts are en forced. Decree on ac SEC. 1062. Whenever the Court of Claims ascertains the counts of pay. masters, &c. facts of any loss by any paymaster, quartermaster, com

Max 9: 1866, *. missary of subsistence, or other disbursing officer, in the 2, v. 14, p. 44.

cases liereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon sucli decree the proper accounting oflicers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settle

ment of his accounts. Claims referred SEC. 1063. Whenever any claim is made against any by ,

June 25, 1463. Executive Department, involving disputed facts or con. 8.7, v. 15, p. 76.

troverted questions of law, where the amount in contro

Note 1.– The head of a Department may refer a claim direct to the Court of Claims, and ho does not wairo his right to send a claim there by allowing it in the first instance to be passed upon by the accounting otlicers of the Treasury. (C.C., V. p. 61.)

The head of a Department may transmit a claim to the Court of Claims under section 1063, R. S., after the Auditor and Comptroller of the Treasury have settled it and certified a balance clue the claimant. (C.C., XII, 319.)

The head of an Executive Department can not transmit a claim to the Court of Claims under section 1063, on the ground that it involves disputed facts or controverted questions of law, if he is forbidden by law to pay the claim. (C.C., XV, 414.)

See note l.

1883.

in

versy exceeds three thousand dollars, or where the decision Seo act Mar, 3, 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 ainount 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 bé transmitted to the Court of Claims, and the same shall be there proceeded in as if originally commenced by the vol. untary 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: Prorided, That no case shall be referred by any head of a Department unless it belongs to one of the several 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.

SEC. 1064. All cases transmitted by the head of any Procedure Department, or upon the certificate of any Auditor or ted by DepartComptroller, according to the provisions of the preceding ments.

June 25, 1868, section, shall be proceeded in as other cases pending in the 9.7.15, 176. Court of Claims, and shall, in all respects, be subject to the same rules and regulations.

SEC. 1065. The amount of any final judgment or decree Judgments in rendered in favor of the claimant, in any case transınitted codes

ted by Departto the Court of Claims under the two preceding sections, ments, how paid. shall be paid out of any specific appropriation applicable , 185, 1. 18, 1: 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.

SEC. 1067. No person shall file or prosecute in the Court Claims pending of Claims, or in the Supreme Court on appeal therefrom, not to be proseany claim for or in respect of which he or any assignee of Chitoid in Court of his has pending in any other court any suit or process June 25, 1868, s. against any person who, at the time when the cause of. v. 15, p. 677. 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.

SEC. 1069. Every claim against the United States, cogpizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is See noto 1. 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

transmit

481.

Limitation.

Mar. 3, 1863, S. 10, v. 12, p. 767.

Note 1.- The statute of limitations prescribed by the amended Court of Claims act (Mar. 13, 1863, 12 Stat. L., 765, § 10) does not extend to claims in the Executive Departments. (C. C., XIV, 149.)

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