Page:United States Statutes at Large Volume 36 Part 1.djvu/1161

 SIXTY-FIRST CONGRESS. Sess. III. C11. 231. 1911. 1137 United States. were suablez Prmyided, however, That nothing in this Qgf***°émmS em section shall be construedzas giving to the said court jurisdiction to nmea. " hear and determine claims- growing out of the late civil war, and commonl known as "war c aims/’ or to hear and determine other claims which, prior to March third, eighteen hundred and eighty- seven, had been rejected or re orted on adversely by any court, department, or commission authorized to hear and determine the' same. _ Second. All set-offs, counterclaims, claims for damages, whether °,Qgg*gg;§g',':,$°—· liquidated or unliquidated or other demands whatsoever on the part ` of the Government of the United States against any claimant against the Government in said court: Promkied, That no suit against the ?Rgg’{{,•g,,0n0n mts Government of the United States, brought by any officer of the for emmismicés. United States to recover fees for services alleged to have been performed for the United States, shall be allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting officer of the 'l‘reasury fails to act finally thereon within six months after the account is received in said office. Third. The claim of any paymaster, quartermaster, commissa of ¤{·¤¤¤¤¤vd¤¤b¤¤¤i¤s subsistence, or other disbursing officer of the United States, or olfyhis ° °°”` administrators or executors, for relief from responsibility on account of loss by capture or otherwise, while in the line of his uty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. Sec. 146. Upon the trial of any cause in which any set·off, coun- w1}`g¤g;L¤i,;¤h{};¤¤;w ¤f ter-claim claim for damages, or other demand is set up on the part a.s.,m.1osi,p.i%e of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of suc judgment, filed in the ,,,§,{,‘,§§,’,;§,,‘{,$_° “‘ clerk’s office o any district court, s all be entere upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such court are enforced. Sec. 147. Whenever the Court of Claims ascertains the facts of any 0,‘§,°,{,‘,§‘{,”,,‘{{{,;‘,${{;Q;§§ loss by any paymaster, quartermaster, commissary of subsistence, or R·5-5***-10**4 r·~1w· other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and u on such decree the proper accounting officers of the Treasury shallp allow to such officer the amount so ccreed as a credit in the settlement of his accounts. _ Sec. 148. When any claim or matter is pending in any of the d§l.§‘§,‘§1,Z§’_§}""“` by executive departments which involves controverted questions of V_§§·§,*¥_°,}_&{$3,.§,1g§· fact or law, the head of such department may transmit the same, psi" ` ' with the vouchers, papers, documents and proofs pertaining thereto, to the Court of Claims and the same shall be there proceeded in under such rules as the court may ado t. When the facts and conclusions Findings of law shall have been found, the court shall report its findings to the department bmhich it was transmitted for its guidance and action: Provided, ever, That if it shall have been transmitted _{";g·‘i**•_;ms in wp with the consent of the claimant, or if it shall appear to the satisfac- mm eggs. tion of the court ufpon the facts established, that under existing laws or the provisions o this chapter it has `urisdiction to render judgment or decree thereon, it shall proceed to do so, in the latter case giving to either party such further op ortunity for hearing as in its judgment justice s all require, and shall report its Endings therein to the