Page:United States Statutes at Large Volume 18 Part 1.djvu/268

 196 Trrmc xm.—THE JUDICIARY.-—Ch. 21. Set-of f p an d Second: All set-oils, counter-claims, claims for damages, whetherliqui- ‘{?"Q“é'é*;L';‘mE °f dated or unliquidated, or other demands whatsoever, on the part; of —-L-(3E2T the Government of the ['nited States ugamst any person making claim E ii;M3"·ié8i3*E&2# against the Government in said court. . m, . , . I . _Clvde ·1·._l].rS., 13 Wall., 38; U. S. r. Russell, 13 \\'all., 623; U. S. z·. Bostwick, 94 Y. S., 5h; Fichera‘s Case, 9 C. Cls., 254; Maeauley’:= Case, 11 C. Cls., 693; Clark’sCa§e, 11 C. ('ls., 608; Roman et al. 1-. I'. S., ll (‘. (‘ls., 761: (`ampbell’s Case, 13 C. Cls., 440. Di¤¤br¤i¤z¤fH¤€r¤· Third. The cluim of amy puyniaster. (5?tll`E(*I;Hl8.S{€I‘, commissary of sub- ` 9 )[,,§, @'(. eistence, or other disbursing oflicer of t I ruted States, or of hre admin- T5, s. 1, v.14, p.4-1. istrutors or executors. for relief from responsibility onu<·couutotcapture  or otherwise while in the line of hm dutv. of Government funds vouchers [.S.c.C1ark,94 * . . · . ’ .’ {;_ gw 7g_ records, or puhers lh his charge. and for which such officer was and is held res onsib e. Claims for cap- Fourth. Of all claims for the roceeds of cu turcd or abandoned propgumgld md alfa" erty, as provided by the act of £Iu.rch 12, eighteen hundred and sixty- _?" _ p2p??)' _ three, chapter one hundred and twenty, entitled "An act to ])l'O\`l(l(’ for £2 Marr., lag, c. the collection of abandoned propertlr und for the prevention of frauds in · E- i- "· ~» l‘· insurrectionarv districts within the 'nited States," or bv the act of J ulv mg Ju]y 186* c  two, eighteen hundred and sixty-four, chapter two hundred and twenty 225, gg, 2,3, v, 13, hve, being an act in addition thereto: ] reweded, lhat the remedy given pp. 375, 376. in cases of seizure under the said acts by preferring claim in the Court mg? Juli}? 18§8» C- of Claims, shall be exclusive, precludirig the owner of any propcrtv taken Z43f S` ’ l' °’ p' by agents of the Treasury Department as abandoned or captured prop- 18 F,~1,__ 1875, C, erty in virtue or under color of said acts from suit at common law, or 80, ··. 18. p. 318- any other mode of redress whatever. before any court other than said } ;]. AHQQE Qourt of Claims: [H`O}'id(’(I also, That the jurisdiction of the Court of 9 Wall., 56; Pu€h (,launs shall not extend to any claim against the L mted btates growing v. U.  E13 Wgl ., out of the destruction or apiropriatiou of, or damage to. property by the    w;ilké3“gj Army or Levy engaged in the suppression of the rebellion.] t',   q-_ ('y-uéefl]; 13 \\'all., 1;   r. [2 S2 16 {'Kell., 310; Haagsrixft 1*. lv. H., 22 Val}., 8]; I'. l`. r. ’(lrar y, 22 'a ., 41; `. f. 1·. 'i alonga, 23 al ., 35; Spencer r. U. S., 91 U'. S., 577; Lamar, ex., v. Browne et al., 92 I'. S., 187. Private clnims Spc. 1<)6. All petitions and bills Eruyingor providine for the satis- Courmfclaims ot Congress, or upon any regulation of an Executive Department, or —R{—— upon any contract., expressed or implied, with the Government of the 923s·g“;·i,}S:%6g·  mtcd States. shall. unless otherwise ordered by resolution of the House ’ '“’“’' in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompunying documents, to the Court of Claims. Judgments for Sec. 1061. ['pon the trial of any cause in which any set—oif countersretioff OL counter- cluiin, claim for damages, or other demand is set up omthegnairt of the ___"-,,-- . in sand court. t o eourt shall hear and determine such claim or demand 3 Mak 1%-§_» Q`- both for and against the Government and claimant; and if upon the EX;12’E" whhole caie it tinds that the claimant is indebted to the Government, it A1\em·.U.S.,17 s u ren er judgment to that effect and such judgment shall be final Wm-· 207· with the right of appeal, as in othei· cases provided for by law. Ami transcript of such ]udgment. filed in the elerk”s office of auv district or circuit court. shall be entered u on the records thereof, uml shall therebv _ P. becogne and he a ]udgmeut of suah court and be enforced as other judgmen s in suc 1 courts are en orce. Decree on ac-- Sec. 1062. Whenever the Court of Claims ascertains the facts of any ‘ég;“*£;’ P”Ym”‘ loss b}' £lll}' paymaster, quartermaster, commissary of subsistence, 0l‘ wéif] other dishuiising officer, in the casgs hereinbefore provided, to have be0ll 75 E in of M p 44  W1 out au t or neg 1gence on the part of such officer it shall make it ”H;;]·;‘S Cash {Q decree setting forth the amount thereof, aud upon such decree the proper (:ls.,2T0;Holman’s accounting officers of the Treasury shall allow to such officer the amount ( w=¢·,llC-(`lS·.6·l?· so decree, as n cred1t in the settlement of his accounts. fg•;nn2;f;;e•l Sec. 1063.   VY heneveruny claim is made against any Executive Depart- the amount in controversy exceeds three thousand dollars. or where the
 * ';£1°;§E*;”f; 3 hi'; fzrction of private clmms against the overnment, founder upon any law
 * O?(';i °“ °"'  xovermuent against any person making claim against the wovernment
 * W 6* - ment, mvolxjing disputed facts or controverted questions of law, where