54 Italy, of Prussia," of Spain," and of Switzerland," may sue in the Court of Claims. A foreign government does not deny the right of an American to sue it by requiring him to give security for costs.55 The Court of Claims has jurisdiction of an action to which a State is a party plaintiff; 56 but not of a suit to which a State is a necessary party defendant.57 § 443. Statute of limitations in Court of Claims.-"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 the 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."1 The Tucker Act of March 3, 1887, provides that the Statute of Limitations shall not apply to claims referred to the Court of Claims by the head of a Department under section 1063 of the Revised Statutes, provided such claims were presented for settlement at the proper Department within six years after they accrued. The Statute of Limitations does not apply to suits to establish a defense under sections 1059-1062 of the Revised Statutes. An action for money received by the United States must be brought within six years after its reception. Where money is not payable until demand, the statute does 50 Fichera v. U. S., 9 Ct. Cl. 254. 51 Brown v. U. S., 5 Ct. Cl. 571. 52 Molina v. U. S., 6 Ct. Cl. 269. 53 Lobsiger v. U. S., 5 Ct. Cl. 687. 54 U. S. R. S., § 1068. 55 Brown v. U. S., 5 Ct. Cl. 571. 56 U. S. v. Louisiana, 123 U. S. 32; S. C., 127 U. S. 182. 57 Milwaukee R. R. Canal Co. v. U.S., 1 Ct. Cl. 187. See supra, § 37. 2 U. S. v. Lippitt, 100 U. S. 663; Winnisimmet Co. v. U. S., 12 Ct. Cl. 319. 3 U. S. v. Clark, 96 U. S. 37. 4 Clark v. U. S., 99 U. S. 493. not begin to run until the payment is made. It has been held that the statute begins to run on a claim for services, when presented. A claim for the price of property sold is barred within six years after the delivery of the property, not from the time when the Department refused to allow the payment, unless payment by the terms of the contract was postponed." An officer whose accounts are settled annually is entitled to the balance due at the end of each fiscal year. A State cannot sue to recover the proceeds of swamp lands which have been credited to the State on the Treasury books more than six years before the suit was brought. The statute does not begin to run on a claim for extra work under a building contract contemplating the same, until the whole contract is performed.10 An item in the account of a court commissioner for fees was held barred when the services for which he charged were rendered more than six years before proceedings." No officer can waive the statute, and the court must take notice that the claim is barred, if that appears.12 Acknowledgments and promises by executive officers without legislative authority do not prevent the running of the statute.13 If an act appropriating money to pay a barred claim allows the claimant to sue under it, it takes the claim out of the statute. The plaintiff's ignorance of his ability to establish his claim does not prevent the statute from running. When the statute once begins to run, no subsequently occurring disability, such as insanity, suspends it.16 The claimant's death does not interrupt the statute if the claim accrued during his life." If the claimant dies before the claim accrues, the statute does not begin to run until the appointment of an administrator.18 Inability to sue by reason of aid given to the Confederacy by the claimant does not prevent the running of the statute.19 When the United States submit to 15 6 U. S. v. Wilder, 13 Wall. 254; Titus v. U. S., 16 Ct. Cl. 276. 7 Battelle v. U. S., 7 Ct. Cl. 297. 9 U. S. v. Louisiana, 127 U. S. 182. 12 Finn v. U. S., 123 U. S. 227. 13 Leonard v. U. S., 18 Ct. Cl. 382. 14 Wray v. U. S., 19 Ct. Cl. 154. 15 Green v. U. S., 17 Ct. Cl. 174. 16 Whitney v. U. S., 18 Ct. Cl. 19; Leonard v. U. S., 18 Ct. Cl. 382. See McDonald v. Hovey, 110 U. S. 619. 17 Sierra v. U. S., 9 Ct. Cl. 224. 18 Fulenweider v. U. S., 9 Ct. CL. 403. 19 Kendall v. U. S., 107 U. S. 123. be sued in a State court, it seems that they may take advantage of the State statute of limitations.20 § 444. Petitions and parties plaintiff in Court of Claims. "Suits will be commenced by petition, verified in the manner provided by law, and filed in the office of the clerk, with one extra copy in print or typewriting. The clerk will note thereon the day of filing, and will cause one copy to be forwarded to the Attorney-General. Within twenty days thereafter, the claimant will file in the clerk's office twenty-five printed copies of such petition and note of filing, unless the court, on motion, waives this requirement."' The Revised Statutes provide that "A claimant shall, in all cases, fully set forth in his petition, the claim, the action therein, in courts or by any department, if such action has been had; what persons thereof have had or are interested therein; when and upon what consideration such persons became so interested; that no assignment or transfer of said claim, or 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."2 "The petition must comply with Revised Statutes, section 1072, and must also set forth: 1. The title of the action, with the full Christian and surnames of all the claimants. 2. A plain, concise statement of the facts and circumstances, giving place and date, free from argumentative and impertinent matter. 3. In every case transmitted by the head of a Department, by Congress or a committee thereof, a copy of the order of transmission shall be set out or annexed. 4. The prayer, in which the claimant must state distinctly the amount for 20 Stanley v. Schwalby, 147 U. S. 508; supra, §§ 36, 131. § 444. Ct. Cl. Rule 7. 2 U. S. R. S., § 1072. prays.' 993 which he demands judgment, or the relief for which he “When the claimant cannot state his case with the requisite particularity without an examination of papers in one of the Executive Departments, and has been unable to obtain a sufficient examination of such papers on application, he may file a petition stating his claim as far as is in his power, and specifying as definitely as he can the papers he requires in order to enable him to state his claim. A court will thereupon call upon the proper Department for such information or papers as it may deem necessary; and when the same are furnished, the petition may be amended; and the amended petition shall be printed and filed, and may take the place of the original petition." "If the claimant be an executor or administrator, guardian or other representative, appointed by a judicial tribunal, a duly authenticated copy of the record of the appointment must be filed with the petition at the commencement of the action." 5 "If the claim be founded upon an act of Congress, or upon a regulation of an Executive Department, the act and the section thereof upon which the claimant relies must be specified, and the particular regulation of the Department must be stated in terms." "If the claim be founded upon an express contract with the United States, such contract must be set forth in the petition, and, if it be in writing, must be annexed thereto. If it be founded upon an implied contract, the circumstances upon which the claimant relies to prove a contract must be specified. If it consists of several matters or items, each must be separately stated." "If the petition be verified by an attorneyat-law or other agent of the claimant, a power of attorney authorizing him to make the verification must be filed with it."8 "If a claimant desire to amend his petition at any time, he must set forth in his motion the specific amendments desired. If the motion be allowed, he must within twenty days thereafter file a copy of the petition, with the amendments properly incorporated therein, unless the court order otherwise." "If it appear on the face of the petition that the claim first accrued 3 Ct. Cl. Rule 7. 4 Ct. Cl. Rule 8. 5 Ct. Cl. Rule 9. 7 Ct. Cl. Rule 11. 9 Ct. Cl. Rule 13. 6 Ct. Cl. Rule 10. more than six years before the petition was filed, the claimant must aver therein the existence and period of duration of some disability recognized by law which prevented his filing his petition within that time; in default whereof it will be considered that no such disability existed, and the petition may be dismissed on motion." 10 "If the claimant, in avoidance of the bar of limitation, aver in his petition the existence and duration of any such disability, and it thereby appears that, after the disability ended, more than three years had elapsed before the petition was filed, the petition may be dismissed on motion." "If upon the face of the petition it does not appear when the claim first accrued, the court may require the claimant to make the petition definite and certain in that regard, and in default thereof may dismiss the suit." 12 "Within two months after the filing of a case transmitted to the court, or within such further time as the court may allow, any person directly interested in the case may appear as a party therein, by filing his petition, under oath, in accordance with Rule 7." 13 "Any person claiming to be indirectly interested in any question involved in such case may, by leave of court, be permitted to appear and be heard on the one side or the other, as his interest may require, upon filing a petition, under oath, setting forth specifically and concisely how he claims to be so interested, and submitting the questions raised to the decision of the court." If no claimant, directly or indirectly interested, appears and files his petition within said two months, the Attorney-General, or Assistant Attorney-General, charged with defending the Government in this court, may set the case down for trial upon such evidence as he may submit." 15 "Within two months after the filing of a case transmitted to the court by Congress or either House, or by a committee, or within such further time as the court may allow, any person directly interested in the case may appear as a party therein, by filing his petition, under oath, in accordance with Rule 7. Thereafter the case shall be proceeded with, in like manner, and subject to the same rules, as far as applicable, as other cases in the court under its general jurisdiction.” 16 10 Ct. Cl. Rule 70. 11 Ct. Cl. Rule 71. 12 Ct. Cl. Rule 72. 13 Ct. Cl. Rule 93. 14 Ct. Cl. Rule 94. |