Page:United States Statutes at Large Volume 36 Part 1.djvu/1162

 1138 SIXTY—FIRST CONGRESS. Sess. III. Ch. 231. 1911. '*’°¤S¤*“°**‘°‘”*°** de artment b which the same was referred to said court, The inieiiisimm depart. Seiireta of the Treasury may, upon the certificate of any auditor, or of the Cbmptroller of the Treasury, direct any claim or matter, of which, by reason of the subject matter or character, the said court might under existing laws, take jurisdiction on the voluntary action of the claimant, to be transmitted, with all the vouchers, papers `documents and proofs pertaining thereto, to the said court for trial and adjudication. _ Qgcxgmp m Sec. 149. All cases transmitted by the head of any delpartment, ` " ' or upon the certificate of any auditor, or of the Comptro er of the . Treasury, according to the provisions of the preceding section, shall be roceeded in as other cases pending m the Court of Claims, and shall, in all respects, be subject to the same rules and regulations. _ m§g§_m°¤° of $¤‘*€· Sec. 150;* The amount of any final judgment or decree rendered in as.Qm.1nss,p.m. favor of the claimant, in any case transmitted to the Court of Claims under the two preceding sections, shall be paid out of any specific appropriation applicable to the case, if any such there be; and where 4 no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. Jug '°‘°*"°d by Sec. 151. Whenever any bill, except for a pension, is pending in v01.z4,p.sn·:. either House of Congress providing for the payment of a claim against ""”‘ "‘837’ the United States, egal or equitable, or for a grant, gift, or bounty tto any person, the House in which such bill is ending may, for the investigation and determination of facts, refer the same to the Court of Claims, which shall proceed with the same in accordance with R¤v¤r¤¤M¤<=¤. ¢¢¤· such rules as it may adoglt and report to such House the facts in the case and the amount, w ere the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or a plying for such grant, gift, or bounty, and any facts bearing upon tie question whether the bar _ of any statute of limitation should be removed or which sliall be claimed to excuse the claimant for not ha resorted to an estab- C°¤°‘“$i°¤*· lished legal remedy, together with such cdiiliiiusions as shall be sufficient to inform Congress of the nature and character of the demand, · either as a claim, egal or equitable, or as a gratuity against the United States, and the amount, if any, legall or equitably due from. ,,*7‘_m°"g;, hw,m_ the United States to the claimant: Provided, hmuever, That if it shall ew. a pear to the satisfaction of the court upon the facts established, tiiat under existing laws or the provisions of this chapter, the subject matter of the bill is such that it has jurisdiction to render `udgment or decree thereon, it shall proceed to do so,  to either part such further opportunity for hearing as in its judgment justice shaH require, and it shall report its proceedings therein to the House of Congress by which the same was referred to said court. ·`§}j{j;j¤*}{fg0gf“*“· Sec. 152, If the Government of the United States shall put in ' issue the right of the plaintiff to recover, the court may, in its dis— cretion, allow costs to the prevailing arty from the time of joining such issue. Such costs, however, shag include only what is actually incurred for witnesses, and for summoning the same, and fees paid T I _ to the clerk of the court. _ ,,m{,§f‘*Y ° “"““ Sec. _153. The jurisdiction of the said court shall not extend to B· S-. ¤¢¤-1066. P- 197- any claim against the Government not pending therein on December first, eighteen hundred and sixty-two, growing out of or dependent on any treaty stipulation entered into with foreign nations or with cl 1 d_ i the Indian tribes.
 * ,fu,,l§““c€,°,§*,{§g,§ Sec.  No person shall file or prosecute in the Court of Claims,

R_S_:Sec_]067,p'm or in the ulpireme Court on appea therefrom, any chem for or in respect to w_ ch he or any assignee of his has ending in any other · court any suit or_ process against any person wlio, at the time when the catpsg of action alleged fin such suit or (process arose, was, in res ec thereto, ac or ro essin to act me `atel imm ·, mist me suthomiingr ali; Umadgsmes.’ Y or °dm°1’