within two years, and not after, from the passage of this Act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction. That nothing in this Act shall be construed to authorize the reopening or payment of any claims for losses of private property on vessels sunk or otherwise destroyed prior to August twentieth, eighteen hundred and eighty-four. (28 Stat. 962.) This was an act entitled "An act to provide for the reimbursement of officers and seamen for property lost or destroyed in the naval service of the United States." Similar provisions as to claims for loss of property of officers and enlisted men in the military service were made by Act March 3, 1885, c. 335, ante, § 6403. § 6405. (R. S. § 1089.) Payment of judgments of Court of Claims. In all cases of final judgments by the Court of Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims, on presentation to the Secretary of the Treasury of a copy of said judgment, certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court. Act March 3, 1863, c. 92, § 7, 12 Stat. 766. By a subsequent provision the Secretary of the Treasury was required to certify to Congress for appropriation only such judgments as were not to be appealed, or such judgments as, having been appealed, had been decided to be due and payable. Act Sept. 30, 1890, c. 1126, § 1, post, § 6406. Provisions for deducting, from any judgment recovered or other claim duly allowed against the United States, the amount of any indebtedness of the plaintiff or claimant to the United States, were made by Act March 3, 1875, c. 149, § 1, post, § 6407. The Secretary of the Treasury was required, at the commencement of each session of Congress, to report the amount of each claim allowed to the Speaker of the House of Representatives and the presiding officer of the Senate, by a provision of Act July 7, 1884, c. 334, § 1, ante, § 398. The section of the Revised Statutes next following this section, R. S. § 1090, allowed interest, where a judgment of the Court of Claims in favor of the claimant was appealed from and affirmed by the Supreme Court, at the rate of five per cent. per annum, from the date of presentation of a certified copy of the judgment to the Secretary of the Treasury, as provided by this section. It was superseded by a provision of Act Sept. 30, 1890, c. 1126, § 1, post, § 6406. § 6406. (Act Sept. 30, 1890, c. 1126, § 1.) Judgments of Court of Claims to be certified by Secretary of the Treasury; interest. Hereafter it shall be the duty of the Secretary of the Treasury to certify to Congress for appropriation only such judgments of the Court of Claims as are not to be appealed, or such appealed cases as shall have been decided by the Supreme Court to be due and payable. And on judgments in favor of claimants which have been appealed by the United States and affirmed by the Supreme Court, interest, at the rate of four per centum per annum, shall be allowed and paid from the date of filing the transcript of judgment in the Treasury Department up to and including the date of the mandate of affirmance. by the Supreme Court: Provided, That in no case shall interest be al lowed after the term of the Supreme Court at which said judgment was affirmed. (26 Stat. 537.) These were provisions of the deficiency appropriation act for the fiscal year 1890, cited above. A provision for interest, where a judgment in favor of the claimant was appealed from and affirmed by the Supreme Court, at the rate of five per cent. per annum from the date of presentation of a certified copy of the judgment to the Secretary of the Treasury, as provided by R. S. § 1089, ante, § 6405, made by R. S. § 1090, was superseded by this provision. Final judgments or decrees rendered in suits brought under the provisions of the Tucker Act of March 3, 1887, c. 359, bore interest from the date of the rendition thereof to the time when an appropriation was made for the payment thereof, at the rate of four per centum per annum, by section 10 of said act, ante, § 1578. § 6407. (Act March 3, 1875, c. 149, § 1.) Payment of judgments and claims against United States subject to off-sets; proceedings. When any final judgment recovered against the United States or other claim duly allowed by legal authority, shall be presented to the Secretary of the Treasury for payment, and the plaintiff or claimant therein shall be indebted to the United States in any manner, whether as principal or surety, it shall be the duty of the Secretary to withhold payment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set off, and discharges his judgment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent. interest, thereon for the time it has been withheld from the plaintiff. (18 Stat. 481.) This was an act entitled "An act to provide for deducting any debt due the United States from any judgment recovered against the United States by such debtor." § 6408. (Act Feb. 18, 1904, c. 160, § 1.) Payment of judgments against United States to be made on settlements by auditors. Hereafter in all cases of final judgments and awards rendered against the United States by the Court of Claims, and of final judgments rendered against the United States by the circuit and district courts of the United States, payment thereof under appropriations made by Congress shall be made on settlements by the auditor for the department or branch of the public service having jurisdiction over the subject-matter out of which the claims arose. (33 Stat. 41.) This was a provision, following appropriations for payment of judgments of the Court of Claims, in the urgent deficiency appropriation act for the fiscal year 1904, cited above. § 6409. (Act Feb. 3, 1879, c. 40, § 1.) Private claims pending before Congress; taking of testimony by master in chancery. Any committee of either house of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, before any standing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, signed. by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party. And such master shall issue subpœnas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the fees of any witness on behalf of such party. Said committee may inform the district attorney of the United States for the district where the testimony is to be taken of the time, place, and object of such examination, and request his attendance in behalf of the government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney of member of such committee to attend and take part in such examination. (20 Stat. 278.) This section and the section next following were an act entitled "An act to provide for taking testimony, to be used before Congress, in cases of private claims against the United States." § 6410. (Act Feb. 3, 1879, c. 40, § 2.) Private claims pending before Congress; service of subpœna for taking testimony; compensation of officers and witnesses; return of depositions, etc. It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States; And the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such circuit courts; And all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post-office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken. under this act shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the AttorneyGeneral of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testi mony is to be taken, who may, and, if required by the AttorneyGeneral, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney-General shall direct. (20 Stat. 279.) See note to preceding section of this act, ante, § 6409. § 6411. (R. S. § 3490.) Liability of persons making false claims against United States. Any person not in the military or naval forces of the United States, or in the militia called into or actually employed in the service of the United States, who shall do or commit any of the acts prohibited by any of the provisions of section fifty-four hundred and thirty-eight, Title "Crimes," shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. Act March 2, 1863, c. 67, § 3, 12 Stat. 698. R. S. § 5438, mentioned in this section, prescribed the punishment for making, causing to be made, or presented any false or fraudulent claim against the United States, or conspiring to defraud the United States by such claim, or paying moneys on such claim, etc., or purchasing equipment from persons not having authority to sell the same. It was incorporated into the Criminal Code, in section 35 thereof, post, § 10199, and was repealed by section 341 thereof, post, § 10515. § 6412. (R. S. § 3491.) Suits for same. The several district courts of the United States, the supreme court of the District of Columbia, the several district courts of the Territories of the United States, within whose jurisdictional limits the person doing or committing such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. Act March 2, 1863, c. 67, § 4, 12 Stat. 698. Jurisdiction of suits for enforcement of penalties and forfeitures under any law of the United States was given to the district courts by Jud. Code, § 24, par. 9, ante, § 991. (9). § 6413. (R. S. § 3492.) Duty of district attorney as to such cases. It shall be the duty of the several district attorneys of the United States for the respective districts, for the District of Columbia, and for the several Territories, to be diligent in inquiring into any violation of the provisions of section thirty-four hundred and ninety by persons liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of two thou |