Page:United States Statutes at Large Volume 12.djvu/797

 THIRTY—SEVENTH CONGRESS. Sess. III. C11. 92. 1863. 767 aillrmation touching any or all matters pertaining to said claim. And the examination of such claimant or claimants shall be reduced to writing by EX¤ml¤¤*i°¤ the said commissioner. and be returned to and tiled in said court, and may, $?,}°§,,1;1°°°d °° at the discretion of the solicitor for the United States, be read and used as evidence on the trial of said cause. And if any claimant or claimants, Im,,,,,,,,,,, after such order has been made, and due and reasonable notice thereof nezlvct ¤rr¤¢'¤¤¤· given to him or them, shall fail to appear or shall refuse to testify or answer fully as to all matters within his knowledge material to the issue, the said court may, in its discretion, order that the said cause shall not be brought forwanl for trial until the said claimant or claimants shall have fully complied with the order of said court in the premises. Sec. 9. And be it further enacted, That the jurisdiction of the said court Court not to shall not extend to or include any claim against the Government not pend- h,i‘;':rl:;;"d,‘°;;;‘ ing in said court on the first day of December, Anno Domini eighteen 0 W ` hundred and sixty-two, growing out of or dependent on any treaty stipula— tion entered into with foreign nations or with the Indian tribes. Sec. 10. And be it further enacted, That every claim against the United Claims to be States, cognizable by the court of claims, shall be forever barred unless £:§g,;‘s‘;;“";m the petition setting forth a statement of the claim be filed in the court or y ` transmitted to it under the provisions of this act within six years after the claim first accrues: Provided, That claims which have accrued six years p,,,v,,,,_ before the passage of this act shall not be barred if the petition be filed in the court or transmitted as aforesaid within three years after the passage of this act: And provided, further, That the claims of married women Persons under first accrued during marriage, of persons under the age of twenty-one di¤¤l>ili¤i'· years first accruing during minority, and of idiots, lunatics, insane persons, and persons beyond seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be tiled in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulativel. Sgt:. 1l. And be it further enacted, That any person or persons who Attempts to shall corruptly practise or attempt to practise any fraud against the United l;:‘;:,'ifp2;;>Lh° States in the proof statement, establishment, or allowance of any claim, United 5mm_ or any part of any claim against the United States, shall ipso facto forfeit Mw P¤¤i¤l¤¤<l· the same to the Government; and it shall be the duty of the court of claims, in such eases, to find specifically that such fraud was practised or attempted to be practised, and thereupon give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same. Appeals may be taken from the court of claims Appeals. to the supreme court, in all such cases, on all questions of law, in the manner herein provided for appeals in other cases. Sec. 12. And be it further enacted, That any petition tiled under this Petitions to the act shall be verified by the atlidavit of the claimant, his agent, or attorney, §‘é‘f,’;;,°nl,;;*d;_‘;QQ stating that no assignment or transfer of said claim, or any part thereof, ` or any interest therein, has been made, except as in said petition stated; that said claimant is justly entitled to the amount therein claimed from the United States, alter allowing all just credits and offsets; and that he believes the facts as stated in said petition are true: Provided, however, That in order to authorize the said court to render a judgment in favor Pf¤*l¤<>· of any claimant, if a citizen of the United States, it shall be set forth in the petition that the claimant, and the original and every prior owner thereof where the claim has been assigned, has at all times borne true allegiance to the Government of the United States, and whether a. citizen or not, that he has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, which allegations may be traversed by the Government, and if on the trial such issue shall be decided against the claimant, his petition shall be dismissed.