Sessions. Quorum. Clerks and messenger. Bailiff. Salaries of clerks, bailiff, and messenger. Clerk's bond. such rooms in the Capitol, at Washington, for the use of the Court of Claims, as may be necessary for their accommodation, unless it appears to him that such rooms cannot be so appropriated without interfering with the business of Congress. In that case, the court shall procure, at the city of Washington, such rooms as may be necessary for the transaction of their business. SEC. 1052. The Court of Claims shall hold one annual session, at the city of Washington, beginning on the first Monday in December, and continuing as long as may be necessary for the prompt disposition of the business of the court. And any two* of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business. SEC. 1053. The said court shall appoint a chief clerk, an assistant clerk, if deemed necessary, a bailiff, and a messenger. The clerks shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; but the court shall report such removals, with the cause thereof, to Congress, if in session, or, if not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause. SEC. 1054. The salary of the chief clerk shall be three thousand dollars a year, of the assistant clerk two thousand dollars a year, of the bailiff fifteen hundred dollars a year, and of the messenger eight hundred and forty dollars a year, payable quarterly from the Treasury. SEC. 1055. The chief clerk shall give bond to the United States in such amount, in such form, and with such security as shall be approved by the Secretary of the Treasury. *The act of 1874, chap. 468, requires three judges for a quorum and for the decision of any case. (See post, p. 52.) fund. SEC. 1056. The said clerk shall have authority, Contingent when he has given bond as provided in the preceding section, to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled. SEC. 1057. On the first day of every December Statement of judgments rensession of Congress, the clerk of the Court of Claims dered to be sent to Congress by shall transmit to Congress a full and complete state- the clerk. ment of all the judgments rendered by the court during the previous year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered. And at the end of every term of the court he Copies of deshall transmit a copy of its decisions to the heads cisions to be furnished heads of Departments, ac of Departments; to the Solicitor; the Comptrollers, counting officers, sioners of the General Land Office and of Indian C. Cls. SEC. 1058. Members of either House of Congress shall not practice in the Court of Claims. Members of Congress not to practice in the court. 1060. Private claims in Congress, 1078. Witnesses not excluded on ac when transmitted to Court of Claims. 1061. Judgment for set-off or counterclaim, how enforced. 1062. Decree on account of paymasters, &c. count of color. 1079. Parties and persons interested excluded as witnesses. 1080. Examination of claimant. 1081. Testimony taken, where deponent resides. 1063. Claims referred by Depart- 1082. Witnesses, how compelled to ments. 1064. Procedure in cases transmitted by Departments. 1065. Judgments in cases transmitted 1068. Aliens. 1069. Limitations. 1070. Rules of practice; contempts. Jurisdiction. -of claims 1092. Payment of judgment a full discharge, &c. 1093. Final judgments a bar. SEC. 1059. The Court of Claims shall have juris founded on stat- diction to hear and determine the following matters: utes or contracts, or referred by First. All claims founded upon any law of Con Congress. and 13 C. Cls., 562. 12 C. Cls., 330, 11 C. Cls., 659, gress, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States, 14 C. Cls., 539. and all claims which may be referred to it by either 15 C. Cls., 465. House of Congress. 470 107 U. S., 407.. Second. All set-offs, counter-claims, claims for Jurisdiction. counter-claims of -of set-offs and United States. damages, whether liquidated or unliquidated, or other demands whatsoever, on the part of the Gov- 13 C. Cls., 292. ernment of the United States against any person making claim against the Government in said court. 17 C. Cls., 125. 19 C. Cls., 230. 98 U. S. 179. 102 U. S., 426. disbursing offi &c. i c. Cls., 642. 12 C. Cls., 60. 13 C. Cls., 560. Third. The claim of any paymaster, quartermas- - of claims of ter, commissary of subsistence, or other disbursing cers for losses, officer of the United States, or of his administrators or executors, for relief from responsibility on account of capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. 17 C. Cls., 189. 96 U. S., 37. 105 U. S., 621. 18 C. Cls., 1. - of claims for abandoned prop erty. 18 C. Cls., 700. *Fourth. Of all claims for the proceeds of captured or abandoned property, as provided by the act of captured and March 12, eighteen hundred and sixty-three, chap. Par. 4 has be ter one hundred and twenty, entitled "An act to come obsolete. provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," or by the act of July two, eighteen hundred and sixty-four, chapter two hundred and twenty-five, being an act in addition thereto: cases to be ex Provided, That the remedy given in cases of seizRemedy in captured ure under the said acts, by preferring claim in the property Court of Claims, shall be exclusive, precluding the clusive. owner of any property taken by agents of the Treasury Department as abandoned or captured property, in virtue or under color of said acts from suit at common law, or any other mode of redress whatever, before any court other than the said Court of Claims: -not to extend to destruction of property, &c., by suppression of re [Provided, also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or Army, &c., in appropriation of, or damage to, property by the bellion. Army or Navy engaged in the suppression of the P. 50. rebellion.] By 1864, July 4, * All the cases under the captured or abandoned property act referred to in this section have been disposed of, and these provisions are now obsolete. 18 C. Cls., 700. Court of Claims. Private claims in SEC. 1060. All petitions and bills praying or Congress, when transmitted to providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United 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 accompanying documents, to the Court of Claims. Judgments for set-off or counter forced. 7 C. Cls., 15. 8 C. Cls., 90, 114. 707, 761. 12 C. Cls., 312. 13 C. Cls., 313. 14 C. Cls., 491. SEC. 1061. Upon the trial of any cause in which claim, how en- any set-off, counter-claim, claim for damages, or other demand is set up on the part of the Government 11 C. Cis., 694. 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. 17 C. Cls., 125. 19 C. Cls., 230. 98 U. S., 179 102 U. S., 426. may be filed Any transcript of such judgment, filed in the in district or cir- clerk's office of any district or circuit court, shall cuit courts. Decree on master, &c. 8 C. Cls., 90. 9 C. Cls., 270. 18 C. Cls., 1. 105 U. S., 620. ac be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced. SEC. 1062. Whenever the Court of Claims ascercounts of pay-tains the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other dis14 C. Cls., 114. bursing officer, in the cases herein before 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 upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settlement of his accounts. Claims referred by Departments. SEC. 1063. Whenever any claim is made against any Executive Department, involving disputed 14 C. Cls., 149. facts or controverted questions of law, where the 6 C. Cls., 118. 8 C. Cls., 326. |