Page:United States Statutes at Large Volume 24.djvu/538

FORTY-NIN TH CONGRESS. Sess. II. CHS. 358, 359. 1887. 505 complete navigation without impediment; and if upon reasonable notice to said railroad company to make such changes or improvements the said company tails to do so, the Secretary of War shall have authority in make the same at the expense of said company, and all the rights conferred by this act shall be forfeited; and Congress shall have . power to do any and all things necessary to secure the free navigation of the said river; and if said bridge shall not be finished within two years from the passage of this act, the rights and privileges hereby granted shall be null and void. Approved, March 3, 1887. CHAP. 359.-Au act to provide for the bringing of suits against the Government Mar. 3, 1887, of the United States. =——- ——· Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Court of Claims shall Suits ¤S¤i¤¤* W6 have jurisdiction to hear and determine the following matterst G°”{""{°°F‘ First. All claims founded upon the Constitution of the United States thJg"{?;°:‘;_": gg or any law of Congress, except for pensions, or upon any regulation of g],,,,,,, an Executive Department, or upon any contract, expressed or implied, B. S. sec. 1058, p. with the Government of the United States, or for damages, liquidated 195- or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however; That nothing in this section shall be construed as p,-,,,;,,_ giving to either of the courts herein mentioned, jurisdiction to hear and determine claims growing out of the late civil war, and commonly known •· w,,,» and N. as *‘war claims,” or to hear and determine other claims, which have jected claims exheretofore been rejected, or reported on adverselyby any court, Depart- °°P*d· ment, or commission authorized to hear and determine the same. Second. All set-oiis, counterelaims, claims for damages, whether Seboh, counter- Iiqlliduted 01‘ Ullliquidated, or other demands whatsoever on thepart of °]¤¤¤¤» ¤¢¤- . the Government of the United States against any claimant against the Government in said court: Provided, That no suit against the Govern- Pmvm. ment of the United States. shall beallowed under this act unless the Limitation. same shall have been brought within six years after the right accrued tor which the claim is made. S20. 2. That the district courts of the United States shall have con- District and eucurrent jurisdiction with the Court of Claims as to all matters named cult °°¤¤'*¤ *0}***76 in the preceding section where the amount of the claim does not exceed f,'Q:t§';;"fv'}:h one thousand dollars, and the circuit courts of the United States shall of Cm,,,,; 1pm_ have such concurrent jurisdiction in all cases where the amount of such claim exceeds one thousand dollars and does not exceed ten thousand dollars. All causes brought and tried under the provisions of this act shall be tried by the court without a jury. Sm. 3. That whenever any person shall present his petition to the meitmni for re- Court of Claims alleging that he is or has been indebted to the United ¥~¤¤¤ item <>¤}•>N States as an officer or agent thereof, or by virtue of any contract there- “°"d· with, or that he is the guarantor, or surety, or personal representative of any officer, or agent, or contractor so indebted, or that he, or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States has arisen and exists, and that he or the person he represents has applied to the proper Department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said Department and to the Attoruey·Gener·.nl of