in the premises: Provided, That should the district attor Proviso. Proceedings on ernment to an ney neglect or refuse to file the plea, answer, demurrer, or failure of Govdefense, as required, the plaintiff may proceed with the swer. 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. Sec. 7, ibid. 345. That it shall be the duty of the court to cause a Opinions. 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 the 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 Section ten hundred and seventy-nine of the Revised Statutes is hereby repealed.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. Sec. 8, ibid. Interested par- ties may testify. Appeals and writs of error. Sec. 9. ibid. 347. That the plaintiff or the United States, in any suit 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 appeal or writ of error shall conform in all respects, and as near as may be, to the statutes and rules of court governng appeals and writs of error in like causes. Sec., ibid. 348. That when the findings of fact and the law applicable thereto have been filed in any case as provided in section States to be certisix of this act, and the judgment or decree is adverse to General. 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 'ause, th a transcript of the testimony taken, the written find ments to United fied to Attorney Sec. 10, ibid. 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; Appeal. 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 Proviso. Reference of claims pending in Congress. Sec. 14, ibid. 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. 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 Department, 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 eighty-three, if it shall appear to the satisfaction of the court, upon the facts established, that it has jurisdiction to render judg 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 be pending in either House of Congress providing for the 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 See paragraph 333 supra (section 3, act of March 3, 1883). 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 elaim 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. 11, ibid. Costs. 353. If the Government of the United States shall put in Sec. 15, ibid. 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. Voi 24 Stat L., pp. 505 58 paragraphs 339 to 353, supra, constitute the Tucker The act of March 3, 1941 (2) Stat. L. 851), confers jurisdiction upon this court laust certain claims arising from Indian depredations. CHAPTER VIII. THE DEPARTMENT OF THE NAVY—THE MARINE CORPS. Establishment of the Depart 354. Establishment of the Navy 365. Duty on shore. 354. There shall be at the seat of Government an Execu ment of the tive Department to be known as the Department of the Apr. 30, 1798, v. Navy, and a Secretary of the Navy, who shall be the head Navy. 1, p. 553. Sec. 415, R. S. thereof. THE MARINE CORPS. Composition of Marine Corps. c. 174, 8. 7, v. 14. p. v. 185. p. 58; June 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. Credit for vol anteer 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. mandant. 357. The commandant of the Marine Corps shall have Mar. 2, 1867, c. the rank of a colonel of the Army. The commissioned strength of the Marine Corps was fixed at seventy-five by the act of June 30, 1876 (19 Stat. L., 71). with the Army. 358. The officers of the Marine Corps shall be, in relation Relative rank to rank, on the same footing as officers of similar grades in, June 30, 1834, c. the Army. 713. 359. Commissions by brevet may be conferred upon commissioned officers of the Marine Corps in the same cases, upon the same conditions, and in the same manner as are or may be provided by law for officers of the Army. 132, s. 4. v. 4, p Sec. 1603, R. S. Brevets. Apr. 16, 1814, c. 58, s. 3. v. 3. p. 124; 64.8.2.v. 3. p. 427; Apr. 16, 1818, c. 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. 711, July 6, 1812, c. 137, s. 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, s. 5, v. 1, pp. 503, 596; June 30, 1834, c. 132, s. 3, v. 4, p. 713. 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-commissoned officers and musicians to each company or detachment. Corps. Pay of Marine June 30, 1834. c. 132, 8.5, v.4, p.713; Aug. 5, 1854, c. 268, s. 1, v. 10, p. 364. The officers of the Marine Corps shall be entitled to 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 566. of law for the officers and enlisted men of like grades in Sec. 1612, R. S. the infantry of the Army. 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. 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. Duty on shore. 72, s. 6, v. 1, p. 596. Sec. 1619, R. S. July 11, 1798, c. Regulations. 132, s. 8, v. 4, p. June 30, 134, 0. 713. Sec. 1620, B. S. 367. The Marine Corps shall, at all times, be subject to Subject to laws governing the June 30 1834, c. 713, July 11. 1 p. 395 the laws and regulations established for the government of Savy. when serving 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 m, 2. v. 4, p. best ect to the rules and articles of war prescribed for the 1972, 8. 4, v. government of the Army. 368. The commissioned officers of the Marine Corps shall Retirement, of beret red in like cases, in the same manner, and with the Rame relative conditions, in all respects, as are provided for officers of the Army, except as is otherwise provided in the next section. officers. Aug 3, 1861 e. 1; ** 15 16 17 1 12 p. 20, July . int. c 2018. 12 x 12 p 6, Jan 21.17 € 9. 1 v 16 p 62 July 15 1870, c. 294 = 4, v. 16, p. 317, June 10, 1872 c. 4is, m. 1. v. 17, p 378, Sec. 1622, B. S. |