or hereafter made, except such as have occurred in the due administration of decedents' estates, and all contracts heretofore made for fees and allowances to claimants' attorneys, are hereby declared void, and all warrants issued by the Secretary of the Treasury, in payment of such judgments, shall be made payable and delivered only to the claimant or his lawful heirs, executors or administrators or transferee under administrative proceedings, except so much thereof as shall be allowed the claimant's attorneys by the court for prosecuting said claim, which may be paid direct to such attorneys, and the allowances to the claimant's attorneys shall be regulated and fixed by the court at the time of rendering judgment in each case and entered of record as part of the findings thereof; but in no case shall the allowance exceed fifteen per cent of the judgment recov ered, except in case of claims of less amount than five hundred dollars, or where unusual services have been rendered or expenses incurred by the claimant's attorney, in which case not to exceed twenty per cent of such judgment shall be allowed by the court. § 9 of act March 3, 1893, c. 538, 26 Stat. 854, U. S. Comp. Stat. 1901, p. 763. All fees are to be regulated by the court.10 § 1500.- appeals-mode of procedure. The claimant, or the United States, or the tribe of Indians, or other party thereto interested in any proceedings brought under the provisions of this act, shall have the same rights of appeal as are or may be reserved in the statutes of the United States in other cases, and upon the conditions and limitations therein contained. The mode of procedure in claiming and perfecting an appeal shall conform, in all respects, as near as may be, to the statutes and rules of of court governing appeals in other cases. § 10 of act March 3, 1891, c. 538, 26 Stat. 854, U. S. Comp. Stat. 1901, p. 763. § 1501.papers in departments and before Congress to be fur nished court. All papers, reports, evidence, records and proceedings now on file or of record in any of the departments, or the office of the secretary of the Senate, or the office of the clerk of the House of Representatives, or certified copies of the same, relating to any claims au 10 Turners Case, 32 Ct. Cl. 192. thorized to be prosecuted under this act, shall be furnished to the court upon its order, or at the request of the Attorney General. § 11 of act March 3, 1891, c. 538, 26 Stat. 854, U. S. Comp. Stat. 1901, p. 763. The Court of Claims has general power to call for any papers or information it may deem necessary.12 § 1502.Assistant Attorney General to be appointed. To facilitate the speedy disposition of the cases herein provided for [claims for Indian depredations], in said Court of Claims, there shall be appointed, in the manner prescribed by law for the appointment of Assistant Attorneys Generals, one additional Assistant Attorney General of the United States, who shall receive a salary of $2,500 per annum. § 12 of act March 3, 1891, c. 538, 26 Stat. 854, U. S. Comp. Stat. 1901, p. 763. In 1893 the compensation of such assistant was increased to $5,000, that being the amount paid other Assistant Attorneys General under R. S. § 348.13 § 1503. Procedure on various kinds of claims. There are other acts of Congress conferring jurisdiction on the Court of Claims over various claims, which, being temporary in character, are omitted from this Code.14 The French spoliation claims act of 1885,15 for instance, is of this nature and contained a number of provisions respecting the procedure to be followed, which are omitted herefrom. Author's section. 1504. Payment of judgments and awards through department auditors. Hereafter in all cases of final judgments and awards rendered against the United States by the Court of Claims, and of final judgments rendered against the United States by the circuit and district courts of the United States, payment thereof under appropriations made by Congress shall be made on settlements by the auditor for 12 Ante, § 1459. 13See proviso in appropriation act of Dec. 21, 1893, c. 3, 28 Stat. 19. 14 See Ante, § 242. 15 Act Jan. 20, 1885, c. 25, 23 Stat. 283, U. S. Comp. Stat. 1901, p. 750. the department or branch of the public service having jurisdiction over the subject-matter out of which the claims arose. Provision in urgency deficiency appropriation act Feb. 18, 1904, c. 160, § 1, 33 Stat. 41, U. S. Comp. Stat. 1905, P. 165. CHAPTER 45. SEARCHES AND SEIZURES. § 1508. Constitutional guaranty against searches and seizures. 1509. Issue of search warrants in revenue cases. § 1512. § 1513. § 1514. § 1515. § 1516. § 1517. § 1518. § 1519. § 1520. -for obscene importations, lottery tickets, etc. Notice of seizure and libel-procedure if no claimant appears. Sale after condemnation. Bailing of property in vacation. No costs for successful claimant, nor right of action, when reasonable cause of seizure. § 1521. Double costs on nonsuit in action against seizing officer. § 1508. Constitutional guaranty against searches and seizures. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U. S. Const. Amend. art. 4. The above inhibition against unreasonable searches and seizures is a limitation on the power of the United States to make such searches and seizures for its own benefit,1 and has no reference to the unauthorized acts of individuals.2 It may be invoked by aliens residing in the United States. There is a seizure within the meaning of this provision where the officer asserts control with the present power and intent to exercise it.4 The refusal by a post master to deliver mail to a private person and 1Smith v. Maryland, 18 How. 76, 15 L. ed. 269. 2 Bacon v. United States, 97 Fed. 35, 38 C. C. A. 37. 3 United States v. Wong Quong Wong, 94 Fed. 832. 4 Miller v. United States, 11 Wall. 297, 20 L. ed. 135. its return to the dead letter office or to the sender is a violation of the above amendment, although it was done by the order of the Postmaster General. So also it is held to be a violation of the amendment to compel the wife of a bankrupt, under examination as a witness, to disclose confidential communications made to her by her husband.6 § 1509. Issue of search warrants in revenue cases. The several judges of the circuit and district courts of the United States, and commissioners of the circuit courts, may, within their respective jurisdictions, issue a search-warrant, authorizing any internal revenue officer to search any premises within the same, if such officer makes oath in writing that he has reason to believe, and does believe, that a fraud upon the revenue has been or is being committed upon or by the use of the said premises. R. S. § 3462, U. S. Comp. Stat. 1901, p. 2283. The section was originally enacted in 1866.7 All the requirements for search warrants are not set forth herein, and the section must be construed with the Fourth Amendment to the Constitution.8 If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular dwelling house, store-building, or other place, they, or either of them, upon proper application on oath to any justice of the peace, or district judge of cities, police justice, or any judge of the circuit or district court of the United States or any commissioner of the United States circuit court, shall be entitled to a warrant to enter such house, store or other place, in the daytime only, and there to search for such merchandise, and if any shall be found to seize and secure the same for trial; and all such merchandise, on which the duties shall not have been paid, or secured to be paid, shall be forfeited. R. S. § 3066, as amended act April 25, 1882, c. 89, U. S. Comp. Stat. 1901, p. 2008. It has been held that the concealment need not be with any knowledge or concurrence on the part of the owner or consignee and that the forfeiture may be enforced before the time has passed for the owner to enter the goods. 9 5 Hoover v. McChesney, 81 Fed. 472. In re Jefferson, 96 Fed. 826. 7 Act July 13, 1866, c. 184, 14 Stat. 152. 8 See Post, § 1509. 9United States v. Lot of Cigars, 21 Law Rep. 267. |