Chapter 116.
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/statutes-at-large/vol-22/chapter-116-2015506·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 116.— An act to afford assistance and relief to Congress and the executive departments in the investigation of claims and demands against the government. Mar. 3, 1883. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever a claim orClaims, etc., pending before Congress involving investigation to be referred to Court of Claims, U. S. matter is pending before any committee of the Senate or House of Representatives, or before either House of Congress, which involves the investigation and determination of facts, the committee or house may 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 cuter judgment thereon, but shall report the same to the committee or to the house, by which the ease was transmitted for its consideration Sec. 2. That when a claim or matter is pending in any of the executiveCertain claims pending in executive departments may be transmitted, etc., to Court of Claims. departments which may involve controverted questions of fact or law, the head of such department may transmit the same, with the 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 includeClaims not within jurisdiction of court. any claim against the United States growing out of the destruction or damage to property by the Army or Navy during the war for the suppression 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.
Sec. 4. In any case of a claim for supplies or stores taken by or furnishedClaims for supplies, etc., furnished for suppression of the rebellion. to any part of military or naval forces of the United States for their use during the late war for the suppression of the rebellion, the petition shall aver that the person who furnished such supplies or stores, 486 FORTY-SEVENTH CONGRESS. Sess. II. Ch. 116, 117. 1883. 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 Loyalty to be a jurisdictional fact.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, be dismissed.
Sec. 5. Defense, etc., for the United States. That the Attorney-General, or his assistants, under his direction, shall appear for the defense and protection of the interests of the United 8tat.es in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counterclaims, 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. Parties in interest may testify, etc. 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. Reports of Court of Claims may be continued, etc., for action. 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.
Approved, March 3, 1883.