190 



CONGRESS. (CouET OF CLAIMS AND CIRCUIT COTTBTS.) 



count 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 par- 

 ties and to ascertain the amount, if any, due the 

 United States on said account. The Attorney-Gen- 

 eral shall represent the United States at the hearing 

 of said cause. The court may postpone the same from 

 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 con- 

 clusive upon the parties. The payment of sued 

 amount so found due by the court shall discharge such 

 obligation. An action shall accrue to the United 

 States against such principal, or surety, or representa- 

 tive to recover the amount so found due, which may 

 be brought at any time within three years after the 

 final judgment of said court. Unless suit shall be 

 brought within said time, such claim and the claim on 

 the original indebtedness shall be forever barred. 



SEO. 4. That the jurisdiction of the respective 

 courts of the 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 pro- 

 visions of this act ; and the course of procedure snail 

 be in accordance with the established rules of said re- 

 spective courts, and of such additions and modifica- 

 tions thereof as said courts may adopt. 



SEC. 5. That the plaintiff in any suit brought un- 

 der the 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 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. 6. 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 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 

 counter-claim, set-off, claim for damages, or other 

 demand or defense whatsoever of the Government in 

 the promises : Provided, That should the district at- 

 torney neglect or refuse to file the plea, answer, de- 

 murrer, or defense as required, the plaintiff may pro- 

 ceed 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 proot satisfactory 

 to the court. 



SEC. 7. That it shall be the duty of the court to 

 cause a written opinion to be filed in the cause, set- 

 ting forth the specific findings by the court of the facts 

 therein and the conclusions of the court upon all ques- 

 tions of law involved in the case, and to render judg- 

 ment thereon. If the suit be in equity or admiralty, 

 the court shall proceed with the same according to the 

 rules of such courts. 



SEC. 8. That in the trial of any suit brought un- 

 der any of 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 1079 of the Kevised Statutes is hereby re- 

 pealed. The provisions of section 1080 of the Eevised 

 Statutes shall apply to cases under this act. 



SEC. 9. 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 me statutes of the United States 

 in that behalf made, and upon the conditions and lim- 

 itations therein contained. The modes of procedure 

 in claiming and perfecting an appeal or writ of error 

 thall conform in all respects, and as near as may be, 

 to the statutes and rules of court governing appeals 

 and writs of error in like causes. 



SEC. 10. That when the findings of fact and the law 

 applicable thereto have been filed in any case as pro- 

 vided in section 6 of this act, and the judgment or de- 

 cree 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 tes- 

 timony taken, the written findings of the court, and 

 his written opinion as to the same; whereupon the 

 Attorney-General shall determine and direct 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 com- 

 puted thereon, at the rate of 4 per cent, per annum, 

 until the time when an appropriation is made for the 

 payment of the judgment or decree. 



SEC. 11. 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 

 iudgment or decree has been rendered, giving the 

 date of each, with a statement of the costs taxed in 

 each case. 



SEC. 12. That when any claim or matter may be 

 pending in any of the Executive Departments which 

 involves controverted 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. 13. That in every case which shall come be- 

 fore the Court of Claims or is now pending therein 

 under the provisions of an act entitled " An act to 

 afford assistance and relief to Congress and the Exec- 

 utive Departments in the investigation of claims and 

 demands against the Government," approved March 

 3, 1883, if it shall appear to the satisfaction of the 

 court, upon the facts established, that it has jurisdic- 

 tion to render judgment or decree thereon under ex- 

 isting laws 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. 14. That whenever any bill, except for a pen- 

 sion, shall be pending in either House of Congress 

 providing for the 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 pend- 

 ing 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 3, 1883, 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 



