Page:United States Statutes at Large Volume 18 Part 1.djvu/269

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Trru: xm.——THE JUDICIARY.—()u. 21. 197 decision will affect a, class of cases, or furnish u precedent for the future 25 J¤¤¤» 1868, <=· action of any Executive Department in the adjustment. of a class of cases, 7r “· 7* "·15· P· 76· without regard to the amount involved in the particular case, or where 28é T;’;S;;’ ° any authorxty, rnght, privilege, or exemption is claimed or denied under the Constitution of the United States, the head of such Depm·t.ment may 8 Bgghgf Oggé; cause euch claim, with all the vouchers, pa rs, proofs, and documents wh{niS?}{lm,,t{ pertai111n€ thereto, to be transmitted to tm Court of Claims, and the Co.,13C.Cls.,319; same sha.} be there proceeded in as if originally commenced by the vol- C¤mPh€W¤ CMG, untary action of the claimant; and the Secretary of the Treasury may, 13 C· CIS" 47°· 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 fertaining thereto, to the said court, for trial and adjudication: Prm•i ed, That no ease 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, ugder existing laws, take jurisdiction of on such voluntary action of the c imant. Sec. 1064. All cases transmitted by the head of any Department, or Procedurjeiu upon the certificate of any Auditor or Comptroller, according to the pro- °¤§<*¤ *’¤¤¤m***°d visions of the preceding section, shall be proceeded in as other cases pend- by D°p°"m°m’s‘ ing in the Court of Claims, and shall, ID all respects, be subject to the 25 June 1868 c same rules and regulations. 71, S_7 v ]5§ p 76[_ Clyde z·. U. S., 13 Wall., 38. Sec. 1065. The amount of any final judgment or decree rendered in J udgmengs in favor of the claimant, in any case transmitted to the Court of Claims €”*’“D""’;;""’t*;i under the two preceding sections, shall be paid out of smv specific appro- hgw PSE; men ’ priation applicable to the case, if any such there be; unc} where no such .._.€_ appropriation exists, the judgment or decree shall be paid in the same 25 Jung 1868 c manner as other judgments of the said court. 71,s.7,v.l5,p.76i— 3 Mar., 1875, c. 149, zu 18, p. 481. Sec. 1066. The jurisdiction of the said court shall not extend to any Claims growing claim against the Government not pending therein on December one, °“* if §)'”f“3:*“ 2*;* eighteen hundred and sixtv-two rowing out of or dependent on any .°°g° * ° °r° r ’ . . . . . treaty stipulation entered mm wngn foreign natwns or with the Indmn 3 Man ]863 c tri . 92, s. 9, v. 12, .

 767.-Ex parte Atocha, 17 Wall., 43E.

Sm. 1067. No person shall file or prosecute in the Court of Claims, or Claims pending in the Supreme Court on appeal therefrom, any claim for or in respect to §;h°;);’gf;:”e3f: which he or any assignee of his has pending in any other court any spit Cmmpof ClmmS or process against any person who., at the t1me when the cause of uct1cm alleged in such suit; or process arose, was, in respect thereto, acting or Pro- 71 E 8‘Q°i5 p 7c.;: fessing to act, mediate y or immediately, under the authomty of the United ’ ’ States. Sm:. 1068. Aliens. who are citizens or subjects of any government Alierw which accords to citizens of the Ynited States the right to prosecute claims against such government in jts courts, shall have the privilege gm ,_ 2,} ;5_’P_ of prosecuting claims against the Unxtee States m the Court o Clqmsy 243. whereof such court, by reason of their Subject-matter and character, m1g-ht U S t, OyK%fE take jurisdiction. ll Wall., 178; Carlisle v. U. S., 16 Wall., 147; H1ll z-. I,. S., 8 C. Cls., 4:0; F1chera’s Case, 9C. Cls., 254. Sec. 1069. Ever claim against the United States, cognizable by the Li¤¤ii¤ti¤¤- Court of Claims, sgall be forever barred unless the petition settiu§- forth 3 M,,. 1863 c az statement thereof is filed in the court, or transmitted to it by the Sec- 92, s. 10, v. 12, p. remry of the Senate or the Clerk of the House of Representatives as 767- rovnded bv law, within six years after the claim first accrues: Bmazded, Fulenweiden-’s ghat the elhims of married women iirst accrued during marriage, of per- Case, ?C.Cls.i·{0g; sons under the age of twenty-one years first accrued durirég minority, and g}:'k6;£”°» · of idiots, lunatics, insane persons, and persons beyon the seas qt the ’ time the claim accrued, entitled to the claim, shall not pe barred 1f the petition be filed in the court or transmitted, as aforesaid, withnn three