United States Courts

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Sec. 129. Where upon a hearing in equity in a district court, or by a judge thereof in vacation, an injunction shall be granted, con tinued, refused, or dissolved by an interlocu tory order or decree, or an application to dis solve an injunction shall be refused, or an interlocutory order or decree shall be made appointing a receiver, an appeal may be tak en from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve, an injunction, or ap pointing a receiver, to the circuit court of ap peals, notwithstanding an appeal in such case might, upon final decree under the statutes regulating the same, be taken directly to the Supreme Court : Provided, that the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court ; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court, or the appellate court, or a judge thereof, during the pendency of such appeal: Provided, however, that the court below may, in its discretion, require as a condition of the appeal an additional bond.

Sec. 130. The court also has appellate and supervisory jurisdiction under the Bankrupt cy Act.

Sec. 131. In the ninth circuit the court hears and determines writs of error and ap peal from the United States Court for China. See CHINA.

Sec. 134. Provision is made for writs of error and appeals where they do not lie di rect to the supreme court under 247, in which the amount in controversy shall exceed $500, and in all criminal cases, from the district court of Alaska to the circuit court of ap peals for the ninth circuit, but the court of appeals may certify any question of law to the supreme court if desiring instruction thereon.

By the labor arbitration act of July 15, 1913, the circuit court of appeals has juris diction of questions of law under the act.

The Court of Claims. Secs. 136-138. This court, as established by the act of February 24, 1855, is continued by the Judicial Code. It consists of a .chief justice and four judges, appointed by the President, by and with the advice and consent of the Senate, to hold of fice during good behavior. The salary of the chief justice is $6,500 and of the other judges $6,000. It holds one annual session at the city of Washington, beginning on the first Monday of December. Any three of the judges constitute a quorum. The con currence of three judges is necessary to flip. decision of any case.

Sec. 143. The clerk of the court is required on the first day of every regular session of Congress to transmit to Congress a complete statement 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. At the end

of every term of the court he shall transmit a copy of its decisions to the heads of depart ments and certain other officials.

Sec. 144. Any one being elected or ap pointed a Senator, Member of, or Delegate to Congress, or a Resident Commissioner, who shall, after his election or appointment, and either before or after be has qualified, and during his continuance in office, practice in this court, shall be fined not more than $10,000 and imprisoned not more than two years ; and shall thereafter be incapable of holding any office of honor, trust, or profit un der the government of the United States.

Sec. 145. The court of claims shall have jurisdiction to hear and determine the follow ing matters: First. All claims (except for pensions) founded upon the constitution of the United States or any law of Congress, upon any reg ulation of an executive department, upon any contract, express or implied, with the govern ment of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however, that noth ing in this section shall be construed as giv ing to the said court jurisdiction to hear and determine claims growing out of the late civil war, and commonly known as "war claims," or to hear and determine other claims which, prior to March 3, 1887, bad been rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same.

Second. All set-offs, counterclaims, claims for damages, whether liquidated or unliquid ated, or other demands whatsoever on the part of the government of the United States against any claimant against the government in said court: Provided, that no suit against the government of the United States, brought by any officer of the United States to recover fees for services alleged to have been per formed for the United States, shall be al lowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, un less the proper accounting officer of the treas ury fails to act finally thereon within six months after the account is received in said office.

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