1885. CHAPTER AN ACT to provide for the ascertainment of claims of Ameri. January 20, 1885 can citizens for spoliations committed by the French prior 23 Stat. to the thirty-first day of July, eighteen hundred and one. 1801, referred to the court. 4. Attorney-General to appear and 5. Documents and evidence from Claims for in Be it enacted, &c. [SECTION 1], That such citidemnity on France for illegal zens of the United States, or their legal representcaptures, &c., prior to July 31, atives, as had valid claims to indemnity upon the French Goverument arising out of illegal captures, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French Republic concluded on the thirtieth day of September, eighteen hundred, the ratifications of which were exchanged on the thirty-first day of July following, may apply by petition to the Court of Claims, within two years from the passage of this act, as hereinafter provided: Provided, That the provisions of this act shall not extend to such claims as were embraced in the convention between the United States and the French Republic concluded on the thirtieth day of April, eighteen hundred and three; Nor to such claims growing out of the acts of France as were allowed and paid, in whole or in part, under the provisions of the treaty between the United States and Spain concluded on the twenty-second day of February, eighteen hundred and nineteen ; Nor to such claims as were allowed, in whole or in part, under the provisions of the treaty between he United States and France concluded on the fourth day of July, eighteen hundred and thirty one. make rules. 106. SEC. 2. That the court is hereby authorized to Court may make all needful rules and regulations, not contravening the laws of the land or the provisions of See Rules 105, this act, for executing the provisions hereof. SEC. 3. That the court shall examine and deter- Validity of claims to be demine the validity and amount of all the claims included within the description above mentioned, together with their present ownership, and, if by assignee, the date of the assignment, with the consideration paid therefor: termined. and evidence. Provided, That in the course of their proceed- Proceedings ings they shall receive all suitable testimony on oath or affirmation, and all other proper evidence, historic and documentary, concerning the same; and they shall decide upon the validity of said claims according to the rules of law, municipal and international, and the treaties of the United States applicable to the same, and shall report all such conclusions of fact and law as in their judgment may affect the liability of the United States therefor. SEC. 4. That the court shall cause notice of all Attorney-General to appear petitions presented under this act to be served on and resist claims. the Attorney-General of the United States, who shall be authorized, by himself or his assistant, to examine witnesses, to cause testimony to be taken, to have access to all testimony taken under this act, and to be heard by the court. He shall resist all claims presented under this act by all proper legal defenses. SEC. 5. That it shall be the duty of the Secretary of State to procure, as soon as possible after the Documents and evidence from abroad to be ob tained, used, &c. Court to report to Congress annually. Claims not presented in two years barred. United States States, but the same shall not be removed from the files of the court; And after the hearings are closed the record of the proceedings of the court and the documents produced before them shall be deposited in the Department of State. SEC. 6. That on the first Monday of December in each year the court shall report to Congress, for final action, the facts found by it, and its conclusions in all cases which it has disposed of and not previously reported. Such finding and report of the court shall be taken to be merely advisory as to the law and facts found, and shall not conclude either the claimant or Congress; And all claims not finally presented to said court within the period of two years limited by this act shall be forever barred; And nothing in this act shall be construed as not committed to committing the United States to the payment of payment. any such claims. January 20, 1885. Resolution to extend Act July 4, 1864, chapter 240, restricting jurisdiction, &c.... Act to declare the sense of...... The District of Columbia claims act of 1880... LI LIII LII LIV To afford assistance and relief to Congress and the Departments LV When made after issue of warrant, what to recite... XLIII L L ATTORNEY-GENERAL: To defend the United States in suits under the "Bowman act" LVII May interpose counter-claims, &c... LVII LXI ATTORNEY-GENERAL-Continued. May make calls on Departments, R. S., § 188... What statement to contain One statement may be used in different cases. To defend United States under French Spoliation act.... ATTORNEYS: Admission of, in open court and elsewhere Powers of, when to be filed.............. How petitions may be verified by... Only one attorney of record in a case. A firm may be attorneys of record.. Attorney of record to sign pleadings, &c Page. XLVIII XLVIII . XLVII, XLIX XLIX LIX Changes of attorney permitted........... Counsel other than the attorney of record may be heard.................. BAILIFF: B. IX IX XI IX IX IX- X IX X Appointment of XXXVI BOWMAN ACT: The transmission of claims and matters by the Departments and Rules under LV XXVII-XXX BRIEF: To have references to all evidence intended to be relied on.... XX XIX What to contain XIX Filing of, necessary before claimant can put case on trial list.. XIX XX C. CALLS ON DEPARTMENTS: Court may call on heads of Departments for information, &c.. XLIV To allow appeals in vacation... Copy of judgment for payment to be signed by CLAIMS. Of what, the court has jurisdiction.. Of set-offs and counter-claims..... Of what, the court has not jurisdiction... XXXII XLVII XLVII XXXVIII, LIV, LV, LVIII . XXXIX, XLII, LI-LIII, LVIII Private claims in Congress, when transmitted to the court... XL XL Growing out of treaties not cognizable by the court... XLII XLII Of certain loyal citizens for quartermaster's stores and subsist- Forfeited for fraud LI, LII XLVI |