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Court of Claims

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CLAIMS, COURT OF, in the United States, created by act of congress, Feb. 24, 1855, and consisted of three judges appointed by the president and senate, to hold office dur ing good behavior, and to have jurisdiction to hear and determine all claims founded upon any act of congress, or on any regulation of any executive department, or upon any contract, express or implied, with the government of the United States; and all claims which might be referred to it by either house of congress. The United States were represented before it by a solicitor and assistant-solicitor appointed by the presi dent; the solicitor being authorized to appoint a deputy, and the compensation of all members of the court was fixed by law. The court had no power to render a judg ment which it could not execute, but reported to congress the cases upon which it had finally acted, the material facts which it found established by the evidence, with its opinion in the case, and reasons therefor, or what was equivalent to an opinion in the return of a judgment as to the rights of the parties upon the facts proved or admitted in the case. By another act, Mar. 3, 1863, two additional judges were to be appointed by the president, and a chief-justice from the whole number of judges (five). The court was also authorized to take jurisdiction of all set-offs, counter-claims, claims for dam ages, liquidated or miliquidated, or other demands whatsoever on the part of the gov ernment against any person making claim against the government in said court. If the judgment of the court be in favor of the government, it shall be filed in the office of the clerk of the proper district or circuit court of the United States, and shall ipso facto become and be a judgment of such district or circuit court, and shall be enforced the same as other judgments. If the judgment be in favor of the claimant, the sum thereby

found due to the claimant shall be paid out of any general appropriation made by law for the payment of private claims, on presentation to the secretary of the treasury of a duly certified copy of such judgment. In cases where the amount in controversy exceeds $3,000, an appeal may be taken to the supreme court of the United States at any time within 90 days after judgment. Where the judgment or decree may affect a constitutional question, or furnish a precedent affecting a class of eases, the United States may take an appeal without regard to the amount in controversy. Claims must be tiled within six years after the claim accrues, except in cases of disability. The court is required to hold one session annually, commencing on the first Monday in Oct. Members of congress are prohibited from practicing in the court. At the instance of the solicitor of the United States, any claimant may be required to testify on oath. The jurisdiction of the court is not to extend to any claim growing out of any treaty with foreign nations or Indian tribes, unless such claim was pending in said court Dec. 1, 1862; nor shall the jurisdiction of the court extend to any claim against the United States for the destruction, appropriation, or damage of any property by the army or navy engaged in the suppression of the rebellion, from the commencement to the close thereof. Proceedings originate in the court by petition filed; and testimony used in the hearing and determination of claims is taken by commissioners who are appointed for the purpose by the court.