§ 174. When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial.

R. S. 1087, 2 Fed. St. Ann. 71.

§ 175. The court of claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. R. S. § 1088, 2 Fed. St. Ann. 72.

§ 176. There shall be taxed against the losing party in each and every cause pending in the court of claims the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States.

See Act of March 3, 1877, c. 105, 19 Stat. L. 344, 2 Fed. St. Ann. 293. See, post, 8254.

§ 177. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the court of claims, unless upon a contract expressly stipulating for the payment of interest.

R. S. § 1091, 2 Fed. St. Ann. 73.

§ 178. The payment of the amount due by any judgment of the court of claims, and of any interest thereon allowed by law, as provided by law, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy.

See R. S. § 1092, 2 Fed. St. Ann. 74,

§ 179. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy.

R. S. 1093, 2 Fed. St. Ann. 74.

§ 180. Whenever any person shall present his petition to the court of claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, 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 attorney general of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The attorney general shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge

such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court; and unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. The provisions of section one hundred and sixty-six shall apply to cases under this section.

See Tucker Act of March 3, 1887, c. 359, § 3, 24 Stat. L. 505, 2 Fed. St. Ann. 83.

§ 181. The plaintiff or the United States, in any suit brought under the provision of the section last preceding, shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed.

See Act of March 3. 1887, c. 359, § 9, 24 Stat. L. 507, 2 Fed. St. Ann. 85.

§ 182. In any case brought in the court of claims under any act of Congress by which that court is authorized to render a judgment or decree against the United States, or against any Indian tribe or any Indians, or against any fund held in trust by the United States for any Indian tribe or for any Indians, the claimant, or the United States, or the tribe of Indians, or other party in interest shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed.

See Act of March 3, 1891, c. 538, § 10, 26 Stat. L. 854, 2 Fed. St. Ann. 100.

§ 183. The attorney general shall report to Congress, at the beginning of each regular session, the suits under section 180, 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.

See Act of March 3, 1891, c. 538, § 8, 26 Stat. L. 853, 2 Fed. St. Ann. 99.

§ 184. In any case of a claim for supplies or stores taken by or furnished to any part of the military or naval forces of the United States for their use during the late civil war, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed.

Bowman Act of March 3, 1883, c. 116, § 4, 22 Stat. L. 485, 2 Fed. St. Ann. 79 (term "rebellion" omitted except in one instance).

§ 185. The attorney general, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the court of claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court.

Act of March 3, 1883, c. 116, § 5, 22 Stat. L. 486, 2 Fed. St. Ann. 79.

§ 186. No person shall be excluded as a witness in the court of claims on account of color or because he or she is a party to or interested in the cause or proceeding; and

any plaintiff or party in interest may be examined as a witness on the part of the Government.

This section is a combination of R. S. § 1078 (2 Fed. St. Ann. 69), and § 6 of the Bowman Act (2 Fed. St. Ann. 79), and § 8 of the Tucker Act (2 Fed. St. Ann. 85). Act of Feb. 5, 1912 (37 Stat. L. 61, Supp. (1914) Fed. St. Ann. 217).

§ 187. Reports of the court of claims to Congress, under sections one hundred and forty-eight and one hundred and fifty-one, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon.

See Act of March 3, 1887, c. 116, § 7, 22 Stat. L. 486, 2 Fed. St. Ann. 79.