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Sec. 6, ibid.

344. That the plaintiff shall cause a copy of his petition Service. filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of the same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the Defense. district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Gov. ernment in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the district attor ney neglect or refuse to file the plea, answer, demurrer, or failure of Govdefense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. Sec. 6, ibid.

Proviso.
Proceedings on

ernment to answer.

Opinions.
Sec. 7, ibid.

345. That it shall be the duty of the court to cause a written opinion to be filed in the cause, setting forth the specific findings by the court of the facts therein and the conclusions of the court upon all questions of law involved in the case, and to render judgment thereon. If the suit be in equity or admiralty, the court shall proceed with the same according to the rules of such courts. Sec. 7, ibid. 346. That in the trial of any suit brought under any of Interested parthe provisions of this act, no person shall be excluded as a witness because he is a party to or interested in said suit; and any plaintiff or party in interest may be examined as a witness on the part of the Government.

Section ten hundred and seventy-nine of the Revised Statutes is hereby repealed. The provisions of section ten hundred and eighty of the Revised Statutes shall apply to cases under this act. See. 8, ibid.

tis may testify. Sec. 8, ibid.

writs of error. Sec. 9, ibid.

347. That the plaintiff or the United States, in any suit Appeals brought under the provisions of this act, shall have the same rights of appeal or writ of error as are now reserved in the statutes of the United States in that behalf made, and upon the conditions and limitations therein contained. The modes of procedure in claiming and perfecting an Procedure. appeal or writ of error shall conform in all respects, and as

and

fied to Attorney-
General.
Sec. 10, ibid.

near as may be, to the statutes and rules of court governing appeals and writs of error in like causes. Sec. 9, ibid. Adverse judg 348. That when the findings of fact and the law applicaments to United States to be certible thereto have been filed in any case as provided in section six of this act, and the judgment or decree is adverse to the Government, it shall be the duty of the district attor ney to transmit to the Attorney-General of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the written findings of the court, and his written opinion as to the same; whereupon the Attorney-General shall determine and direct whether an appeal or writ of error shall be taken or not; and when so directed the district attorney shall cause an appeal or writ of error to be perfected in accordance with the terms of the statutes and rules of practice governing the same: Provided, That no appeal or writ of error shall be allowed after six months from the judgment or decree in such suit. From the date of such final judgment or decree interest shall be computed thereon, at the rate of four per centum per annum, until the time when an appropriation is made for the payment of the judgment or decree. Sec. 10, ibid.

Appeal.

Proviso.
Limitation.

Interest.

Report to Con

gress.
Sec. 11, ibid.

Claims referred

by Departments. Sec. 12, ibid.

Claims referred
Bowman

under
Act.
Sec. 13, ibid.

Judgment.

349. That the Attorney-General shall report to Congress, and at the beginning of each session of Congress, the suits under this act in which a final judgment or decree has been rendered, giving the date of each and a statement of the costs taxed in each case. Sec. 11, ibid.

350. That when any claim or matter may be pending in any of the Executive Departments which involves controverted questions of fact or law, the head of such Depart ment, with the consent of the claimant, may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said Court of Claims, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the Department by which it was transmitted.' Sec. 12, ibid.

351. That in every case which shall come before the Court of Claims, or is now pending therein, under the provisions of an act entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government," approved March third, eighteen hundred and cighty-three, if it shall appear to the satisfaction of the court, upon the facts established, that it has jurisdiction to render judg

See paragraph 333, supra (section 3, act of March 3, 1883).

Sec. 14, ibid.

of

ment or decree thereon under existing laws or under the provisions of this act, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall require, and report its proceedings therein to either House of Congress or to the Department by which the same was referred to said court. Sec. 13, ibid. 352. That whenever any bill, except for a pension, shall Reference claims pending be pending in either House of Congress providing for the in Congress. payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may refer the same to the Court of Claims, who shall proceed with the same in accordance with the provisions of the act approved March third, eighteen hundred and eighty three, entitled an "Act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands. against the Government," and report to such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy. Sec. 14, ibid.

Sec. 15, ibid.

353. If the Government of the United States shall put in Costs. issue the right of the plaintiff to recover the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court.1 Sec. 15, ibid.

Vol. 24, Stat. L.. pp. 505-508, paragraphs 339 to 353, supra, constitute the Tucker Act. The act of March 3, 1891 (20 Stat. L., 851), confers jurisdiction upon this court to adjust certain claims arising from Indian depredations.

556-9

CHAPTER VIII.

THE DEPARTMENT OF THE NAVY-THE MARINE

Par.

CORPS.

Par.

Establishment

of the Depart

354. Establishment of the Navy 365. Duty on shore.

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354. There shall be at the seat of Government an Execu

ment of the tive Department to be known as the Department of the Navy. Apr. 30, 1798, v. Navy, and a Secretary of the Navy, who shall be the head thereof.

1, p. 553.

Sec. 415, R. S.

Composition

of Marine Corps.

c. 174, s. 7, v. 14. p.

v.185, p. 58; June

THE MARINE CORPS.

355. The Marine Corps of the United States shall conJuly 25, 1861, c. sist of one commandant, with the rank of colonel, one col19, s. 1, v. 12, p. 275: Mar. 2, 1867, onel, two lieutenant-colonels, four majors, one adjutant and 517: June, 1874, inspector, one paymaster, one quartermaster, two assistant 30, 1876, v. 19, p. quartermasters, twenty captains, thirty first lieutenants, thirty second lieutenants, one sergeant-major, one quartermaster-sergeant, one drum-major, one principal musician, two hundred sergeants, two hundred and twenty corporals, thirty musicians for a band, sixty drummers, sixty fifers, and twenty-five hundred privates.'

71.

Sec. 1596, R. S.

Credit for vol

unteer service.

356. All marine officers shall be credited with the length Mar. 2, 1867, C. of time they may have been employed as officers or enlisted men in the volunteer service of the United States.

174, s. 3, v. 14, p.

516.

Sec. 1600, R. S.
Rank of com-

mandant.

357. The commandant of the Marine Corps shall have

Mar. 2, 1867, c. the rank of a colonel of the Army.

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The commissioned strength of the Marine Corps was fixed at seventy-five by the act of June 30, 1876 (19 Stat. L., 71).

358. The officers of the Marine Corps shall be, in relation to rank, on the same footing as officers of similar grades in the Army.

713.

Relative rank with the Army. June 30, 1834, c.

132, s. 4. v. 4, p Sec. 1603, R. S. Brevets.

Apr. 16, 1814, c. Apr. 16, 1818, c.

359. Commissions by brevet may be conferred upon commissioned officers of the Marine Corps in the same cases, 58, s. 3. v. 3, p. 124; upon the same conditions, and in the same manner as or may be provided by law for officers of the Army.

are

64.2.v. 3, p. 427;

June 30, 1834, c. 132, s. 9, v. 4, p. 15, p. 281; Mar. 3, Sec. 1604, R. S. Enlistments. July 11, 1870, Res. 106, v. 16, p. 387. Sec. 1608, R. S.

713: July 6, 1812, c. 137. 8. 4. v. 2. p. 785; Mar. 1, 1869, c. 52, s. 2. v. 1869, c. 124, s. 7, v. 15. p. 318; July 15, 1870, c. 294, s. 16, v. 16, p. 319. 360. Enlistments into the Marine Corps shall be for a period not less than five years.

361. The officers and enlisted men of the Marine Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Army. 362. Marines shall be exempt, while enlisted in said serv. ice, from all personal arrest for debt or contract.

72, 8. 5, v. 1, pp. 595, 596; June 30, 1834, c. 132, s. 3, v. 4, p. 7i3.

Oath.

July 11. 1798, c.

72. s. 4, v. 1, p. 595. Sec. 1609, R. S. Exemption from arrest.

July 11, 1798, c. Sec. 1610, R. S. Companies and detachments.

July 11, 1798. c 72, s. 1, v. 1. p. 594.

Sec. 1611, R. S.

363. The Marine Corps may be formed into as many companies or detachments as the President may direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. 364. The officers of the Marine Corps shall be entitled to Pay of Marine receive the same pay and allowances, and the enlisted men shall be entitled to receive the same pay and bounty for re-enlisting, as are or may be provided by or in pursuance 556. of law for the officers and enlisted men of like grades in Sec. 1812, R. S. the infantry of the Army.

Corps.

June 30, 1834. c. 132. s. 5, v.4, p.713;

Aug. 5, 1854, c.

268, s. 1, v. 10, p.

Duty on shore.

July 11, 1798. c. 72. s. 6, v. 1. p. 596.

365. The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the seacoast, or any other duty on shore, as the President, at his discre- Sec. 1619, R. S. tion, may direct.

366. The President is authorized to prescribe such military regulations for the discipline of the Marine Corps as he may deem expedient.

Regulations. 132, s. 8, v. 4, p.

June 30, 1834, c.

713.

Sec. 1620, R. S.

Subject to laws governing the Navy, except

when serving

June 30, 1834, c.

367. The Marine Corps shall, at all times, be subject to the laws and regulations established for the government of the Navy, except when detached for service with the Army with the Army. by order of the President; and when so detached they shall 132, 8, 2. v. 4. p. be subject to the rules and articles of war prescribed for the 1798, c. 72, s. 4, v. government of the Army.

713: July 11,

1. p. 595.
Sec. 1621, R. S.

officers.

Ang. 3, 1861, c.

368. The commissioned officers of the Marine Corps shall Retirement. of be retired in like cases, in the same manner, and with the same relative conditions, in all respects, as are provided for 12, 15, 16 17 V. officers of the Army, except as is otherwise provided in the 17, 1862. c. 200, s. next section.

Jan. 21,1870. c. 9. s. 1. v. 16. p. 62: July 15, 1870,
p. 317; June 10, 1872, c. 419, s. 1, v. 17. p. 378.

12. p. 289; July

12, v. 12, p. 596; c. 294, s. 4. v. 16, Sec. 1622, R. S.

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