« ZurückWeiter »
An Act to provide for Appeals from the Court of Claims, and for other June 25, 1868.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an appeal to the Supreme Appeal alCourt of the United States shall be allowed on behalf of the United lowed to SuStates from all the final judgments of the said court of claims adverse from all judgto the United States, whether such judgments shall have been rendered ments of court of by virtue of the general or any special power or jurisdiction of said claims adverse court under the limitations now provided by law for other cases of appeal States. from said court.
SEC. 2. And be it further enacted, That said court of claims, at any New trials, time while any suit or claim is pending before or on appeal from said within what court, or within two years next after the final disposition of any such what cause. suit or claim, may, on motion on behalf of the United States, grant a now trial in any such suit or claim and stay the payment of any judgment therein, upon such evidence (although the same may be cumulative or other) as shall reasonably satisfy said 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.
Sec. 3. And be it further enacted, That whenever it shall be material. Party assertin any suit or claim before any court to ascertain whether any person of any person did or did not give any aid or comfort to the late rebellion, the claimant during the reor party asserting the loyalty of any such person to the United States bellion
the same affirmduring such rebellion, shall be required to prove affirmatively that such atively. person did, during said rebellion, consistently adhere to the United States, and did give no aid or comfort to persons engaged in said rebellion; and Voluntary ressthe voluntary residence of any sach person in any place where, at any State to be time during such residence, the rebel force or organization held sway, prima facie evishall be prima facie evidence that such person did give aid and comfort dence of giving to said rebellion and to the persons engaged therein.
aid, &c. to the Sec. 4. And be it further enacted, That no plaintiff or claimant, or Claimants and any person from or through whom any such plaintiff or claimant derives persons interesthiš alleged title, claim or right against the United States, or any person be incompetent interested in any such title, claim, or right shall be a competent witness witnesses; in the court of claims in supporting any such title, claim, or right, and no testimony given by such plaintiff, claimant, or person shall be used : Provided, That the United States shall, if they see cause, have the right may be er to examine such plaintiff, claimant, or person as a witness under the amined by the regulations and with the privileges provided in section eight of the act 1863, ch. 92, 9 8 passed March third, eighteen hundred and sixty-three, entitled " An act Vol. zii. p. 766. to amend an act to establish a court for the investigation of claims against the United States," approved February twenty-fourth, eighteen hundred and fifty-five.
Sec. 5. And be it further enacted, That from and after the first day Attorney-genof July, eighteen hundred and sixty-eight, the Attorney-General of the eral and assistUnited States for the time being shall, with his assistants, attend to the cute, &c. all prosecution and defence of all matters and suits in the court of claims suits in court of on behalf of the United States. There shall be appointed by the United States. President, by and with the advice and consent of the Senate, two Two assistant assistant attorneys-general, who shall hold their offices for four years
al authorized; respectively, unless sooner lawfully removed, and whose salaries shall be term of office, four thousand dollars each, per year, payable quarterly, and who shall be salary, &o. in lieu of the solicitor, assistant solicitor, and deputy solicitor of the
Offices of socourt of claims, and of the assistant attorney-general now provided for
licitor, assistant by law; and the existing offices of solicitor, assistant solicitor, and deputy and deputy so solicitor, of the court of claims, and of assistant attorney-general, are licitor, and ashereby abolished from and after the first day of July, eighteen hundred sistari aborrey. and sixty-eight. The Attorney-General shall bave power to appoint two ished.
Attorney-gen- additional clerks of the fourth class, and one clerk at a salary not point two addi- exceeding two thousand dollars, in his office. tional clerks. Sec. 6. And be it further enacted, That it shall also be the duty of
Attorney-gen- the said Attorney-General and his assistants, in all cases brought against eral and assist ants in certain
the United States in said court of claims founded upon any contract, suits against the agreement, or transaction with any executive department, or any bureau, court of claims officer, or agent of such department, or where the matter or thing on to call on de which the claim is based shall have been passed upon and decided by any partments, &c. department, bureau, or officer intrusted by law or department regulations bureaus, &c. to with the settlement and adjustment of such claims, demands, or accounts, furnish state to transmit to said department, bureau, or officer, as aforesaid, a printed ment upon call of attorney-gen
copy of the petition filed by the claimant in such case, with a request eral.
that the said department, bureau, or officer to whom the same shall be so transmitted as aforesaid, will furnish to said Attorney-General all facts, circumstances, and evidence touching said claim as is or may be in the
possession or knowledge of the said department, bureau, or officer; and Statement to it shall be the duty of the said department, bureau, or officer to whom contain what;
such petition may be transmitted and such request preferred as aforesaid, without delay, and within a reasonable time, to furnish said Attorney-General with a full statement of all the facts, information, and proofs which are or may be within the knowledge or in the possession of
said department, bureau, or officer, relating to the claim aforesaid. Such official docu- statement shall also contain a reference to or description of all official ments and pepers;
documents or papers, if any, ag may or do furnish proof of facts referred
for the defence of the United States against the said claim, together with the department,
office, or place where the same is kept or may be procured. And if the decisions of said claim shall have been passed upon and decided by the said departa department, ment, bureau, or officer, the statement or answer to be transmitted to
said Attorney-General, as hereinbefore provided, shall succinctly state
the reasons and principles upon which such decision shall have been if upon acts of based. In all cases where such decision shall have been made upon any Congress; 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 shall have been given to such act, section, or clause, by the said department or bureau transmitting such statement, the same shall be set forth succinctly in said statement, and a copy of the opinion filed, if any, shall
be annexed to such statement and transmitted with the same to the upon regula- Attorney-General aforesaid. And where any decision in the case shall tions of an executive departe
have been based upon any regulation of an executive department, or where such regulation shall or may, in the opinion of the department, bureau, or officer transmitting such statement, have any bearing upon the claim in suit, the same shall be distinctly referred to and quoted in
extenso in the statement transmitted to said Attorney-General: Provided, One state however, That where there shall be pending in said court more than one
case, or a class of cases, the defence to which shall rest upon the same for a class of
facts, circumstances, and proofs, the said 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 classes of cases as
if made out, certified, and transmitted in each case respectively. Heads of de Sec. 7. And be it further enacted, That it shall and may be lawful partments in
for the head of any executive department, whenever any claim is made certain cases may send claim, upon said department involving disputed facts or controverted questions &c. to court of of law, where the amount in controversy exceeds three thousand dollars, claims, to be proceeded in as
or where the decision will affect a class of cases or furnish a precedent though origin- for the future action of any executive department in the adjustment of a ally voluntarily class of cases, without regard to the amount involved in the particular there by claim. case, or where any authority, right, privilege, or exemption is claimed or
denied under the Constitution of the United States, to cause such claim,
ment to suffico
with all the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the court of claims, and the same shall be there proceeded in as if originally commenced by the voluntary action of the claimant. And the Secretary of the Treasury may, upon the certificate Secretary of , of any auditor or comptroller of the treasury, direct any account, Treasury may matter, or claim of the character, amount, or class described or limited in &c. to court of this section to be transmitted, with all the vouchers, papers, documents, claims for trial, and proofs pertaining thereto, to the said court of claims, for trial and &c. adjudication : Provided, however, That no case shall be referred by any Cases only to head of a department unless it belongs to one of the several classes of be referred, over cases to which, by reason of the subject-matter and character, the said would bave court of claims might, under existing laws, take jurisdiction on such jurisdiction, voluntary action of the claimant. And all the cases mentioned in this if commenced by
claimant. section which shall be transmitted by the head of any executive department, or upon the certificate of any auditor or comptroller, shall be proceeded in as other cases pending in said court, and shall, in all Proceedings in respects, be subject to the same rules and regulations; and appeals from these cases. the final judgments or decrees of said court therein to the Supreme Court of the United States shall be allowed in the manner now provided by law. The amount of the final judgments or decrees in such cases so Final judge transmitted to said court, where rendered in favor of the claimants, shall ments and dein all cases be paid out of any specific appropriation applicable to the crees, how paid. same, if such there be ; and where no such appropriation exists, the same shall be paid in the same manner as other judgments of said court.
Sec. 8. And be it further enacted, That no person shall file or pros-. Claims pendecute any claim or suit in the court of claims, or an appeal therefrom, for ing in other
courts not to be or in respect to which he or any assignee of his shall have commenced prosecated in and has pending any suit or process in any other court against any officer court of claims,
unless prior suit or person who, at the time of the cause of action alleged in such suit or
is withdrawn, process arose, was in respect thereto acting or professing to act, mediately &c. or immediately, under the authority of the United States, unless such suit or process, if now pending in such other court, shall be withdrawn or dismissed within thirty days after the passage of this act.
Sec. 9. And be it further enacted, That it shall be the duty of the Clerk of court clerk of the said court of claims to transmit to Congress, at the com- of claims to
transmit to Conmencement of every December session, a full and complete statement of all the judgments rendered by the said court for the previous year, stating of judgments the amounts thereof and the parties in whose favor rendered, together
said court, &c. with a brief synopsis of the nature of the claims upon which said judg. ments have been rendered.
Sec. 10. And be it further enacted, That all provisions of any act in- Repeal of incompatible herewith be, and the same are hereby, repealed.
consistent laws. APPROVED, June 25, 1868.
CHAP, LXXII. -- An Act constituting eight Hours a Day's Work for all Laborers, June 26, 1868.
Workmen, and Mechanics employed by or Behalf of the Government of the United
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That eight hours shall consti- Eight hours to tute a day's work for all laborers, workmen, and mechanics now employed, day's work for or who may be hereafter employed, by or on behalf of the government mechanics, laof the United States ; and that all acts and parts of acts inconsistent with borers, &c. emthis act be, and the same are hereby, repealed.
United States. APPROVED, June 25, 1868.
June 25, 1868.
CHAP. LXXIII. - An Act for the Relief of certain Exporters of Rum.
States of America in Congress assembled, That the act of January eleventh, Construction, eighteen hundred and sixty-eight, entitled “An act to prevent frauds in of act 1868, ch. 8. the collection of tax on distilled spirits,” be so construed as to permit See post, p. 266. rum, which at the date of the passage of said act was already distilled or Certain rum
redistilled and intended for export and actually contracted for to be delivmay be withdrawn for ex
ered for exportation, to be withdrawn, removed, and exported from the portation; United States under such transportation and export bonds and regulations
as were required therefor immediately prior to the passage of said act, to be export- and as shall be provided for hereafter: Provided, That all such spirits ed within sixty shall be actually exported within sixty days from the passage of this act; days.
Proof re- and that before any such exportation shall be permitted, proof in writing quired. shall be furnished by sworn evidence, to the satisfaction of the commis
sioner of internal revenue, that such rum was in fact at the date men
tioned intended for export and distilled or redistilled for that purpose or Tar to be due, actually contracted for to be so exported. And upon failure to so export if, &c.
the same within said sixty days, the tax thereon shall become due and payable, and the bonds given for the transportation and export thereof shall be forfeited and collected, as in case of such bonds not cancelled according to law.
APPROVED, June 23, 1868.
June 25, 1868. CHAP. LXXIV.- An Act to re-establish the Boundaries of the Collection Districts of
Michigan and Michilimackinac, and to change the Names of the Collection Districts of
Be it enacted by the Senate and House of Representatives of the United Collection dis- States of America in Congress assembled, That the collection district of trict of Michi- Michigan shall be extended so as to embrace all the territory and waters gan extended.
of the State of Michigan lying west of the principal meridian and south of the latitudinal line dividing townships number forty-three from townships number forty-four, north of the base line of said State, excluding the territory bordering Green Bay and including the island of Bois
Blanc. District of Sec. 2. And be it further enacted, That the collection district of Michiinac to be called limackinac shall hereafter be called the district of Superior, and shall Superior, and to embrace all that part of the upper penipsula of the State of Michigan
lying east of the principal meridian, all the islands in, and bordering upon, the Saint Marie river, and all that part of the State of Michigan lying west of the principal meridian and north of the latitudinal line dividing townships number forty-three from townships number forty-four, north of the base line of the said State, including the territory in said State bordering Green Bay, together with all the islands, waters, and shores of Lake Superior and the adjacent territory unto the headwaters of all the rivers and streams tributary thereto and within the jurisdiction of the
Huron, in the State of Michigan, shall hereafter be called the district of
APPROVED, June 25, 1868.
June 25, 1868. CHAP. LXXV. - An Ad to extend the Boundaries of the Collection District of Phila
delphia so as to include the whole consolidated City of Philadelphia.
Be it enacted by the Senate and House of Representatives of the United Port of entry States of America in Congress assembled, That the port of entry and deand delivery of Philadelphia
livery of Philadelphia, Pennsylvania, is hereby extended so as to include to include whole within its boundaries the whole consolidated city of Pb delphia. consolidated
APPROVED, June 25, 1868. city.
CHAP. LXXVL- An Act to amend an Ac entitled "An Act to provide for carrying the June 25, 1868. Mails from the United States to foreign Ports, and for other Purposes.” üpproved March 1864, ch. 40, \ 4. twenty-five, eighteen hundred and sixty-four.
Vol. xiii. p. 86. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the operation of the fourth Postage on section of an act to provide for carrying the mails of the United States mail matter boto foreign ports, and for other purposes, approved March twenty-fifth, and California eighteen hundred and sixty-four, shall cease and determine on and after the thirtieth day of September, eighteen hundred and sixty-eight.
APPROVED, June 25, 1868.
CHAP. LXXVII. An Act relative to filing Reports of Railroad Companies. June 25, 1968. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the reports required to Reports of cerbe made to the Secretary of the Treasury on or before the first day of be made on or
tain railroads to July of each year, by the corporations created by or entitled to subsidies before October under the provisions of an act entitled “ An act to aid in the construction 1st in each year
to Secretary of of a railroad and telegraph line from the Missouri river to the Pacific Interior ; ocean, and to secure to the government the use of the same for postal, 1862, ch. 120. military, and other purposes," approved July first, eighteen hundred and yol ki, p. 489 sixty-two, and the acts supplemental to and amendatory thereof, shall Vol. xiii. p. 866. hereafter be made to the Secretary of the Interior, on or before the first 1865, ch. 88.
Vol. xiii. p. 604; day of October of each year. Said reports shall furnish full and specific to contain information upon the several points mentioned in the twentieth section of what. the said act of eighteen hundred and sixty-two, and shall be verified as therein prescribed, and on failure to make the same as herein required, the issue of bonds or patents to the company in default shall be suspended until the requirements of this act shall be complied with by such company. And the reports hitherto made to the Secretary of the Treasury Former ra under the said act of July first, eighteen hundred and sixty-two, shall be ports. transferred and delivered by him to the Secretary of the Interior to be filed by him.
Sec. 2. And be it further enacted, That the corporations created by the Reports of provisions of the acts of Congress approved July second, eighteen 'hun- Northern Pa dred and sixty-four, and July twenty-seventh, eighteen hundred and sixty- and Pacific, and
ix, and known as the Northern Pacific Railroad Company, the Atlantic Southern Paand Pacific Railroad Company, and the Southern Pacific Railroad Com-cific, to be mado pany, shall make reports to the Secretary of the Interior on or before the 1864, ch. 216. first of October of each year, as are required to be made by the Union Vol.xiii, p. 356. Pacific railroad and branches, under the provisions of the first section of Vol. xiv. p. 292. this act, and on failure so to do, shall be subject to the like suspension.
Sec. 3. And be it further enacted, That the reports required from the Reports of commissioners appointed to examine and report in relation to the road commissioners of any of the corporations whereto reference is made in this act, shall be Department of addressed to and filed in the Department of the Interior; and all such the Interior. reports heretofore made shall be transferred to and filed in said Department of the Interior; and so much of any and all acts as requires any Repealing reports from such companies, or any officers thereof, to be made to the clause. Secretary of the Treasury, is hereby repealed.
Sec. 4. And be it further enacted, That, in addition to the eight sub- Reports of en jects referred to in section twenty of the act of July, eighteen hundred gineers and othand sixty-two, to be reported upon, there shall also be furnished annually make reports to to the Secretary of the Interior all reports of engineers, superintendents, be furnished. or other officers who make annual reports to any of said railroad companies.
APPROVED, June 25, 1868.