SEC. 1072. The claimant shall, in all cases, fully set forth in his peti- Petition. tion the claim, the action thereon in Congress, or by any of the Departments, if such action has been had; what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; 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 the said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney. 24 Feb., 1855, s. 1, v. 10, p. 612. 3 March, 1863, s. 12, v. 12, p. 767. SEC. 1073. The said allegations as to true allegiance and voluntary Petition disaiding, abetting, or giving encouragement to rebellion against the Gov- missed, if issue ernment may be traversed by the Government, and if on the trial such claimant as to alfound against issues shall be decided against the claimant, his petition shall be dis- legiance, &c. missed. 3 March, 1863, s. 12, v. 12, p. 767. SEC. 1074. Whenever it is material in any claim to ascertain whether Burden of proof any person did or did not give any aid or comfort to the late rebellion, and evidence as to loyalty. the claimant asserting the loyalty 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 said 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. 25 June, 1868, s. 3, v. 15, p. 75. ments for infor SEC. 1076. The said court shall have power to call upon any of the Power to call Departments for any information or papers it may deem necessary, and upon Departshall have the use of all recorded and printed reports made by the com- mation. mittees of each House of Congress, when deemed necessary in the prosecution of its business. 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. 24 Feb., 1855, s. 11, v. 10, p. 614. SEC. 1086. Any person who corruptly practices or attempts to prac- Claims forfeited tice any fraud against the United States in the proof, statement, estab- for fraud. lishment, 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. [See act of April 30, 1878, post.] 3 March, 1863, s. 11, v. 12, p. 767. SEC. 1087. When judgment is rendered against any claimant, the New trial on court may grant a new trial for any reason which, by the rules of com- motion of claimmon law or chancery in suits between individuals, would furnish suffi- ant. cient ground for granting a new trial. 24 Feb., 1855, s. 9, v. 10, p. 614. SEC. 1088. The Court of Claims, at any time while any claim is pend- New trial on ing before it, or on appeal from it, or within two years next after the motion of United final disposition of such claim, may, on motion on behalf of the United States. States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the 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. 25 June, 1868, s. 2, v. 15, p. 75. Payment of judgments. Interest. Interest claims. Payment of SEC. 1089. In all cases of final judgments by the Court of Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by 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. [See March 3, 1875, under CLAIMS.] 3 March, 1863, s. 7, v. 12, p. 766. 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. 3 March, 1863, s. 7, v. 12, p. 766. SEC. 1091. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest. Idem. SEC. 1092. The payment of the amount due by any judgment of the judgment a full Court of Claims and of any interest thereon allowed by law, as hereindischarge, &c. before provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. Final judgments a bar. 3 March, 1877. Idem. SEC. 1093. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Idem. There shall be taxed against the losing party in each and every cause pending in the Supreme Court of the United States or in the Court of Cost of print Claims of the United States, the cost of printing the record in such case, ing record to be taxed against which shall be collected, except when the judgment is against the losing party. United States, by the clerks of said courts, respectively, and paid into the Treasury of the United States. 30 April, 1878. allowed where 3 March, 1877, ch. 105, s. 1, v. 19, p. 344. No claim shall hereafter be allowed * by the Court of Claims to any person, where such claimant, or those under whom he Claims not to be claims, shall wilfully, knowingly, and with intent to defraud the United more is fraudu. States, have claimed more than was justly due in respect of such claim lently claimed or presented any false evidence to Congress, or to any Department or court, in support thereof. than is due. 30 April, 1878, ch. 77, s. 2, v. 20, p. 524. AN ACT to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government. Be it enacted by the Senate and House of Representatives of the United 3 March, 1883. States of America in Congress assembled, That whenever a claim or matReferenc e of ter is pending before any committee of the Senate or House of Repreclaims pending sentatives, or before either House of Congress, which involves the inbefore Congress. vestigation and determination of facts, the committee or house may Reference claims of cause the same, with the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found, the court shall not enter judgment thereon, but shall report the same to the committee or to the house by which the case was transmitted for its consideration. SEC. 2. That when a claim or matter is pending in any of the Execpending utive Departments which may involve controverted questions of fact or with Executive law, the head of such Department may transmit the same, with the Departments. vouchers, papers, proofs, and documents pertaining thereto, to said court, 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 not enter judgment thereon, but shall report its findings and opinions to the Department by which it was transmitted for its guidance and action. SEC. 3. The jurisdiction of said court shall not extend to or include Claims not any claim against the United States growing out of the destruction or within the jurisdiction of the damage to property by the Army or Navy during the war for the sup-court. pression of the rebellion, or for the use and occupation of real estate by any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue of the provisions of any law of the United States. Claims for sup nished for the SEC. 4. In any case of a claim for supplies or stores taken by or furnished to any part of military or naval forces of the United States for Plies, &c., furtheir use during the late war for the suppression of the rebellion, the suppression of petition shall aver that the person who furnished such supplies or the rebellion. stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, he dismissed. States. SEC. 5. That the Attorney-General, or his assistants, under his direc- Defense, &c., tion, shall appear for the defense and protection of the interests of the for the United United States in all cases which may be transmitted to the Court of' Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court. SEC. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. SEC. 7. That reports of the Court of Claims to Congress under this act, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. Parties in interest may testify. Continuation of reports. 3682. Restrictions on contingent appropriations. Title 4. Expenditure SEC. 192. The amount expended in any one year for newspapers, for any Department, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred for newspapers. dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. 26 Aug., 1842, s. 16, v. 5, p. 526. SEC. 193. The head of each Department shall make an annual report Annual report of expenditure to Congress, giving a detailed statement of the manner in which the of contingent eontingent fund for his Department, and for the Bureaus and offices funds. therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preced11181-11 Title 10. ing year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress. [See 20 June, 1874, post.] 26 Aug., 1842, s. 20, v. 5, p. 527. SEC. 430. All estimates for * contingent expenses of the Depart Estimates for ment, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus. [See § 3666, APPROPRIATIONS.] expenses. Title 19. Expenditure for newspapers. Failure to make 5 July, 1862, s. 5, v. 12, p. 511. SEC. 1779. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. 3 March, 1839, s. 3, v. 5, p. 349. SEC. 1780. Every officer who neglects or refuses to make any return returns or re- or report which he is required to make at stated times by any act of ports. Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one hundred. Title 41. 18 July, 1866, s. 42, v. 14, p. 188. SEC. 3676. All appropriations for contingent expenses of the Navy Department shall be under the control and expended by the direc Appropriations controlled by Sec. tion of the Secretary of the Navy, and the appropriation for each Buretary; each Bu- reau shall be kept separate in the Treasury. reau to be kept separate. 5 July, 1862, s. 5, v. 12, p. 511. Restrictions on SEC. 3682. No moneys appropriated for contingent, incidental, or miscontingent, &c., cellaneous purposes shall be expended or paid for official or clerical appropriations. compensation. [See Aug. 7, 1882, post.] Purchases from contingent funds restricted. 20 June, 1874. Statement of 12 July, 1870, s. 3, v. 16, p. 250. [The naval appropriation act of August 5, 1882, forbids paying from the contingent fund of the Navy for personal services in the Navy Department or any of its subordinate bureaus or offices in the District of Columbia.] SEC. 3683. No part of the contingent fund appropriated to any Department, Bureau, or office, shall be applied to the purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured. 26 Aug., 1842, s. 19, v. 5, p. 527. NOTES.-The Secretary of the Navy can draw on the contingent fund for pur poses of a contingent character-that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely.-Op. I, 302, Wirt. The words "Contingent expenses, as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made.-Op. XVI, 412, Devens, Dec. 19, 1879. Hereafter a detailed statement of the expenditure for the preceding fiscal year of all sums appropriated for contingent expenses in any Deexpenditures to partment or Bureau of the Government, shall be presented to Congress be reported at at the beginning of each regular session. beginning of session. Aug. 7, 1882. Contingent not to be used to pay clerks, &c. Appropriation acts, v. 18. p. 355; v. 19, p. 156–306, And no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employé shall hereafter be employed at the seat of government in any executive depart ment or subordinate bureau or office thereof, or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. 7 Aug., 1882, P. E. L., p. 255. Sec. DEBTS DUE BY OR TO THE UNITED STATES. 3466. Priority established. 3467. Liability of executors. 3468. Priority of sureties. 3469. Compromises. 3470. Purchase on execution. Sec. 3471. Discharge of poor debtor by Secretary of the 3472. Discharge by the President. Title 36. Priority estab SEC. 3466. Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due lished. from the deceased, the debts due to the United States shall be first satisfied; and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed. 3 March, 1797, s. 5, v. 1, p. 515. 2 March, 1799, s. 65, v. 1, p. 676. Liability of ex SEC. 3467. Every executor. administrator, or assignee, or other person, who pays any debt due by the person or estate from whom or for which ecutors, &c. he acts, before he satisfies and pays the debts due to the United States from such person or estate, shall become answerable in his own person and estate for the debts so due to the United States, or for so much thereof as may remain due and unpaid. 2 March, 1799, s. 65, v. 1, p. 676. ties. SEC. 3468. Whenever the principal in any bond given to the United Priority of sureStates is insolvent, or whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts, and, in either of such cases, any surety on the bond, or the executor, administrator, or assignee of such surety pays to the United States the money due upon such bond, such surety, his executor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States; and may bring and maintain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon. Ibid. SEC. 3469. Upon a report by a district attorney, or any special attorney Compromise. oragent having charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon Op. XIII, 480; the terms so offered, and upon the recommendation of the Solicitor of XVI, 250, 259. the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. 3 March, 1863, s. 10, v. 12, p. 740. Purchase on SEC. 3470. At every sale, on execution, at the suit of the United States, of lands or tenements of a debtor, the United States may, by execution. such agent as the Solicitor of the Treasury shall appoint, become the purchaser thereof; but in no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such purchase is made, the marshal of the district in which the sale is held shall make all needful conveyances, assignments, or transfers to the United States. 26 May, 1824, s. 2, v. 4, p. 51. SEC. 3471. Any person imprisoned upon execution issuing from any Discharge of court of the United States, for a debt due to the United States, which he poor debtor by Secretary of the is unable to pay, may, at any time after commitment, make application, Treasury. in writing, to the Secretary of the Treasury, stating the circumstances of his case, and his inability to discharge the debt; and thereupon the |