Page:United States Statutes at Large Volume 18 Part 1.djvu/271

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

Trrm xm.—THE J UD1CIARY.—C1r. 21. 199 Sec. 1078. No witness shall be excluded in any suit in the Court of Wil¢¤¤¤¤<‘¤¤0tcx- Claims on account of color. g;¤gE2r<>¤ ¤¢‘¢0¤¤Y 2 July, 1864, c. 210, a. 3, v. 13, p. 351. 2 Mar., 1867, c. 168, a. 2, v. 14. p. 457. 25 June, 1868, c. 71, s. 4, v. 15, p. 75.--Cornett 1:. Williams, 20 Wall., 226; Wood’s Case, 10 C. Cla., 395. Sec. 1079. No claimant, nor any person from or through whom any P¤F!1¢¤ ¤¤<1 P¤‘* such claimant derives his alleged title, claim, or right against the United S0"? ‘“:°""“*?d States, nor any person interested in any such title, claim, or right, shall Ségsggu as W"' be a competent witness in the Court of Claims in supporting the same, —~—·`- —-— —— and no testimony given by such claimant or person shall be used except 923 y{,'";•,;863i6g· as provided in the next section. jZ§`J{,;,5 {gag cj 71, s. 4, v. 15, p. 75; Lawrence v. U. S., 8 C. Cla., 252; Wood’s Case, 10 C. Cla., 305. Sec. 1080. The court may, at the instance of the attorney or solicitor E¤¢¤·¤¤i¤¤-f10n 01 appearing in behalf of the United States, make an order in any case 9“}_"]f¥]°j pending therein, directing any claimant in such case to ap ar, upon 3Mar., 1863, c. reasonable notice, before any commissioner of the court, andmbe exam- 92»¤·8·V·12»P·766· ined on oath touching any or all matters pertaining to said claim. Such ..,25 ‘l“'}°ig8689§· examination shall be reduced to writing by the said commissioner, and L {Eli; bereturned to and filed in the court, and may, at the discretion of the M’·°’*“1°Y’¤C¤·¤°· attorney or solicitor of the United States appearing in the case, be read U C'Cl°"575‘ and used as evidence on the trial thereof. And if any claimant, after such 0I'd81‘ is made, and due and reasonable notice thereof is iven to him, fails to ap r, or refuses to testify or answer fully as to alflinatters within his knuwlledge material to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises. Sec. 1081. The testimony in cases pending before the Court of Claims Testimony uh, shall be taken in the county where the witness resides, when the same where deponent can be conveniently done. _ _ _ 24 Feb., 1855, c. 122, a. 3, v. 10, p. 613. Sec. 1082. The Court of Claims may issue subpoenas to require the Witnesses, how attendance of witnesses in order to be examined before any person com- €ef’;':,P‘il;‘;d *0 ¤*· missioned to take testimony therein. and such subpoenas shall have the missionesf °°"" same force as if issued from a district court, and compliance therewith ei? shall he compelled under such rules and orders as the court shall estab-'12g*sI;’:,’·i(} 2**2-13- lish.` ’'` Sec. 1083. In taking testimony to be used in support of any claim, cmsHxamgn,. opportunity shall be given to the United States to hle interrogatories, or- tron. by attorney to examine witnesses, under such regulatrons as said court 24 yeh__ 1555, c_ shall prescribe; and like op rtunity shall be a orded the claimant, in 122, s. 5, v. 10, p. cases where testimony is tahen on behalf of the United, States, under 613- like regulations. Sec. 1084. The commissioner taking testimony to be used in the Court Witnesses, how of Claims shall administer an oath or aiiirmation to the witnesses brought eggplbefore him for exami¤8r10¤· izg4sl;;e,l)`i(ii;5g]§° Sec. 1085. When testimony is taken for the claimant, the fees of the _Fees of commiscommissioner before whom it is taken, and the cost of the commission ¤1Q¤5<>¤‘» by whem and notice, shall be paid by such claimant; and when it is taken at the PS ‘ m.m.. instance of the Government, such fees, togetherwith all postage incurred 24 Feb., 1855, c. by the Assistant Attorney-General, shall be paid out of the contingent *· 3» V- 1°» P- fund provided for the Court of Claims, or other appropriation made by ‘ ‘ Congress for that purpose. _ _ Sec. 1086, Any person who corruptly pmctlccs or attempts to practice Claims forfeited any fraud against the United States lll the proof, statement, establish- for fraud. ment, or allowance of any claim, or of any part of any claim against the 3 Mu, 1g5g_ c_ United States, shall ipso facto forfeit the same to the Government; and 92, a. 11, v. 12, p. it shall be the duty of the Court of Claims, m such cases, to and ipecif- 787- ically that such fraud was practiced or attempted tp be practice , and thereupon to give judgment that such claim is forfeited to_ the Goverm ment, and that the claimant be forever barred from prosecuting the same. ar 03——l8