Page:United States Statutes at Large Volume 15.djvu/107

 FORTIETH CONGRESS. Suse. II. Ch. 71. 1868. 75 CHAP. LXXI. -A» As: wmvmfopiprpemobhm me com ty emma, Maja any Juris za, ms. 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 Anipeal sl- Court of the United States shall be allowed on behalf of the United l°"'° ’° S"'. States from all the final judgments of the said court of claims adverse E:;";;?_i°E&. to the United States, whether such judgments shall have been rendered meptsvf wurtof by virtue of the general or any special power or jurisdiction of said :;“g';”§g;';';‘° 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 ¤‘i¤l¤» time while any suit or claim is pending before or on appeal from said court., or within two years next after the iinal disposition of any such what cause. suit or claim, may, on motion on behalf of the United States, grant a new 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 ¤¤=¤¤f- in any suit or claim before any court to ascertain whether any person {Q-g,;};,°,}g¥S°g;y 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 :’:m°° *° E'°_ during such rebellion, shall be required to prove aflirmatively that such ,,;.;f;° m 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 mstthe voluntary residence of any such person in any place where, at any g‘:;‘f:g‘b’:b°l time during such residence, the rebel force or organization held sway, pt-gms, rms sy;. shall be prima facie evidence that such person did give aid and comfort ‘l95*¤g°*` Sim! to said rebellion and to the persons engaged therein. :Qb},mZ,,?° Sec. 4. And be it further enacted, That no plaintilf or claimant, or Glsimsnts and any person from or through whom any such plaintiff or claimant derives gs’;‘·:'g:i*;!E:’Q;* his alleged title, claim or right against the United States, or any person y,, i,,,,,,,,,,,,;,,,;;; interested in any such title, claim, or right shall be a competent witness Wit·¤¤¤¤¤¤a 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 by exto examine such plaintiff, claimant, or person as a witness under the §,‘;‘Q{:,‘l£{£f regulations and with the privileges provided in section eight of the act 1ses,ss.m,;s passed March third, eighteen hundred and sixty-three, entitled “An act V¤l· ¤¤l· P- 766· to amend an act to establish n 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 Attomey-gem of July, eighteen hundred and sixty-eight, the Attorney-General of the :;“,_;::gr’;:f°' United States for the time being shall, with his assistants, attend to the cm, gm, all prosecution and defence of all matters and suits in the court of claims ¤‘1i?Sl¤f<><>*:;* of on behalf of the United States. There shall be appointed by the m21g3Q25mg_ 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 ::*:;‘;§Kf{§;é‘f"' respectively, unless sooner lawfully removed, and whose salaries shall be {gym 0;,,5;,,,,; four thousand dollars each, per year, payable quarterly, and who shall be ¤=¤l¤¤'y, &¤- in lieu of the solicitor, assistant solicitor, and deputy solicitor of the court of claims, and of the assistant attorney-general now provided for 1ic?t‘?f_°:'s:i££b by law ; and the existing offices of solicitor, assistant solicitor, and deputy and dépu{g 60. solicitor, of the court of claims, and of assistant attorney-general, are li¤2;>¢‘£ mo ¤·¤· hereby abolished from and after the first day of July, eighteen hundred Q:m:u°ab°'£°" and sixty~eight. The Attorney-General shall have power to appoint two isbed.