Imágenes de páginas
PDF
EPUB

be interested in contracts.

SEC. 3739. No member of or Delegate to Congress shall directly or Members of indirectly, himself, or by any other person in trust for him, or for his Congress not to use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agreement made or entered into in behalf of the United States, by any officer or person authorized to make contracts on behalf of the United States. Every person who violates this section shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced on the part of the United States, in consideration of any such contract or agreement, it shall be forth with repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced.

SEC. 3740. Nothing contained in the preceding section shall extend, or be construed to extend, to any contract or agreement, made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of Congress, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement.

What interest members of Con

gress may have.

no member of

SEC. 3741. In every such contract or agreement to be made or entered Stipulation that into, or accepted by or on behalf of the United States, there shall be in- Congress has an serted an express condition that no member of Congress shall be admit- interest. ted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

SEC. 3742. Every officer who, on behalf of the United States, directly Penalty against or indirectly makes or enters into any contract, bargain, or agreement contract with a officer for making in writing or otherwise, other than such as are herein before excepted, member of Conwith any member of Congress, shall be deemed guilty of a misdemeanor, gress. and shall be fined three thousand dollars.

SEC. 3743. All contracts to be made, by virtue of any law, and requir- Deposit of coning the advance of money, or in any manner connected with the settle- tracts. ment of public accounts, shall be deposited in the office of the First Comptroller of the Treasury of the United States, within ninety days after their respective dates.

SEC. 3744. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof; a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return. [See §§ 512-515, RETURNS OFFICE.]

Contracts to be in writing.

SEC. 3745. It shall be the further duty of the officer, before making Oath to conhis return, according to the preceding section, to affix to the same his tract. affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with — -; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said or any other person; and that the

papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided."

SEC. 3746. Every officer who makes any contract, and fails or neglects Penalty for to make return of the same, according to the provisions of the two pre- omitting returns. ceding sections, unless froni unavoidable accident or causes not within

his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months.

Instructions.

Title 70, Chap. 6.

Officer of the

SEC. 3747. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer, under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.

SEC. 5503. Every officer of the Government who knowingly contracts for the erection, repair, or furnishing of any public building, or for any Government con- public improvement, to pay a larger amount than the specific sum aptracting beyond propriated for such purpose, shall be punished by imprisonment not less specific appropri- than six months nor more than two years, and shall pay a fine of two thousand dollars. [See § 3733.]

ation.

Title 14, Chap. 1.

CO-OPERATION WITH THE ARMY.

Sec. 1135. Supplies to naval and marine detachments.

SEC. 1135. The officers of the Quartermaster's Department shall, upon the requisition of the naval or marine officer commanding any detachSupplies to naval and marine ment of seamen or marines under orders to act on shore, in co-operation detachments. with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equippage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage.

Sec.

COOLY-TRADE.

See IMMIGRATION.

COURT OF CLAIMS.

[For SUPREME, CIRCUIT, AND DISTRICT COURTS, see JUDICIARY.]

[blocks in formation]

Title 4.

Evidence to be

the Court of Claims.

Sec.

1074. Burden of proof and evidence as to loyalty. 1075. Commissioner to take testimony.

1076. Power to call upon Departments for information.

1077. When testimony not to be taken.

1078. Witnesses not excluded on account of color. 1079. Parties and persons interested excluded as

witnesses.

1080. Examination of claimant.

1081. Testimony taken where deponent resides.
1082. Witnesses, how compelled to attend before
commissioners.

1083. Cross-examination.
1084. Witnesses, how sworn.

1085. Fees of commissioner, by whom paid.
1086. Claims forfeited for fraud.

1087. New trial on motion of claimant.

1088. New trial on motion of United States.

1089. Payment of judgments.

1090. Interest.

1091. Interest on claims.

1092. Payment of judgment a full discharge, &c. 1093. Final judgments a bar.

SEC. 188. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with furnished by the any Department, or any Bureau, officer, or agent of a Department, or Departments in where the matter or thing on which the claim is based has been passed suits pending in upon and decided by any Department, Bureau, or officer authorized to adjust it, the Attorney-General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney-General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall; without delay, and within a reasonable time, furnish the Attorney-General with a full state

ment, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively.

rum.

SEC. 1052. The Court of Claims shall hold one annual session, at the Title 13,Chap.20. city of Washington, beginning on the first Monday in December, and continuing as long as may be necessary for the prompt disposition of Sessions, quothe business of the court. And any two of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business.*

SEC. 1059. The Court of Claims shall have jurisdiction to hear and Title 13, Chap.21. determine the following matters: Jurisdiction.

First. All claims founded upon any law of Congress, or upon any reg- Claims founded ulation of an Executive Department, or upon any contract, expressed on statutes or or implied, with the Government of the United States, and all claims contracts, or referred by Conwhich may be referred to it by either House of Congress. gress.

United States.

Second. All set-offs, counter-claims, claims for damages, whether liqui- Set-offs and dated or unliquidated, or other demands whatsoever, on the part of the counter-claims of Government of the United States against any person making claim against the Government in said court.

Third. The claim of any paymaster, quartermaster, commissary of Disbursing offisubsistence, or other disbursing officer of the United States, or of his cers. administrators or executors, for relief from responsibility on account of capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible.

Claims for cap

and aban

Fourth. Of all claims for the proceeds of captured or abandoned property, as provided by the act of March 12, eighteen hundred and sixty-doned property. three, chapter one hundred and twenty, entitled "An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," or by the act of July two, eighteen hundred and sixty-four, chapter two hundred and twenty-five, being an act in addition thereto: Provided, That the remedy given in cases of seizure under the said acts, by preferring claim in the Court of Claims, shall be exclusive, precluding the owner of any property taken by agents of the Treasury Department as abandoned or captured property in virtue or under color of said acts from suit at common law, or any other mode of redress whatever, before any court other than said Court of Claims.t

Any three judges of the Court of Claims shall constitute a quorum: Provided, That the concurrence of three judges shall be necessary to the decision of any case. (Approved June 23, 1874.)

Amendatory act.-Section one thousand and fifty-nine is amended by adding to the fourth paragraph the following additional proviso: "Provided also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or appropriation of, or damage to, property by the Army or Navy engaged in the suppression of the rebellion." (Approved February 18, 1875.)

Private claims SEC. 1060. All petitions and bills praying or providing for the satisin Congress, faction of private claims against the Government, founded upon any ted to Court of law of Congress, or upon any regulation of an Executive Department,

when trans mit

Claims.

claim, how forced.

en

or upon any contract, expressed or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims.

Judgments for SEC. 1061. Upon the trial of any cause in which any set-off, counterset-off or counter- claim, claim for damages, or other demand is set up on the part of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced.

Decree on ac

masters, &c.

SEC. 1062. Whenever the Court of Claims ascertains the facts of any counters of pay loss by any paymaster, quartermaster, commissary of subsistence, or other disbursing officer, in the cases herein before provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settlement of his ac

Claims referred by Departments.

Procedure

in

cases transmitted

counts.

SEC. 1063. Whenever any claim is made against any Executive Department, involving disputed facts or controverted questions of law, where the amount in controversy exceeds three thousand dollars, or where the decision will affect a class of cases, or furnish a precedent for the future action of any Executive Department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States, the head of such Department may cause such claim, with all the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims, and the same shall be there proceeded in as if originally commenced by the voluntary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or Comptroller of the Treasury, direct any account, matter, or claim of the character, amount, or class described in this section, to be transmitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court, for trial and adjudication: Provided, That no case shall be referred by any head of a Department unless it belongs to one of the several classes of cases which, by reason of the subject-matter and character, the said court might, under existing laws, take jurisdiction of on such voluntary action of the claimant.

SEC. 1064. All cases transmitted by the head of any Department, or by Departments. upon the certificate of any Auditor or Comptroller, according to the provisions of the preceding section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations.

Judgments in SEC. 1065. The amount of any final judgment or decree rendered in cases transmitted favor of the claimant, in any case transmitted to the Court of Claims by Departments, under the two preceding sections, shall be paid out of any specific how paid. appropriation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court.

Claims grow- SEC. 1066. The jurisdiction of the said court shall not extend to any ing out of treaties claim against the Government not pending therein on December one, not cognizable eighteen hundred and sixty-two, growing out of or dependent on any treaty stipulation entered into with foreign nations or with the Indian tribes.

therein.

Claims pending SEC. 1067. No person shall file or prosecute in the Court of Claims, in other courts or in the Supreme Court on appeal therefrom, any claim for or in not to be prosecuted in Court of respect of which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect

Claims.

thereto, acting or professing to act, mediately or immediately, under

the authority of the United States.

SEC. 1068. Aliens, who are citizens or subjects of any government Aliens. which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject-matter and character, might take jurisdiction.

SEC. 1069. Every claim against the United States, cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives as provided by law, within six years after the claim first accrues: Provided, That the claims of married women first accrued during_marriage, of persons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed 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 cumulatively.

Limitation.

SEC. 1070. The said court shall have power to establish rules for its Rules of pracgovernment and for the regulation of practice therein, and it may pun- tice; contempts. ish for contempt in the manner prescribed by the common law, may appoint commissioners, and may exercise such powers as are necessary

to carry into effect the powers granted to it by law.

Oaths and ac

SEC. 1071. The judges and clerks of said court may administer oaths and affirmations, take acknowledgments of instruments in writing, and knowledgments. give certificates of the same.

SEC. 1072. The claimant shall, in all cases, fully set forth in his petition 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.

Petition dismissed, if issue found against claimant as to allegiance, &c.

Burden of proof

SEC. 1073. The said allegations as to true allegiance and voluntary aiding, abetting, or giving encouragement to rebellion against the Government may be traversed by the Government, and if on the trial such issues shall be decided against the claimant, his petition shall be dismissed. SEC. 1074. Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to the late rebellion, the claimant asserting the loyalty of any such person to the United and evidence as States during such rebellion shall be required to prove affirmatively that to loyalty. 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.

Commissioners

testi

SEC. 1075. The Court of Claims shall have power to appoint commissioners to take testimony to be used in the investigation of claims to take which come before it; to prescribe the fees which they shall receive for mony. their services, and to issue commissions for the taking of such testimony, whether taken at the instance of the claimant or of the United States. 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, ments for infor upon Depart and shall have the use of all recorded and printed reports made by the mat committees 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

« AnteriorContinuar »