Third. The claim of any paymaster, quar termaster, commissary of subsistence, or oth er disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of loss by cap ture 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.
Sec. 146. In case any set-off, counterclaim, claim for damages, or other demand is set up on the part of the government against any person making claim against the government, the court shall hear both claims and adjudi cate finally thereon.
Sec. 148. Claims pending in the executive department and involving controverted ques tions of fact or law may be transmitted to the court of claims, which reports its finding to the department. If it were so transmit ted the consent of the claimant, or if it shall appear to the satisfaction of the court that it has jurisdiction to render judgment, it shall proceed to do so.
Sec. 151. Whenever any bill, except for a pension, is pending in either House of Con gress providing for the payment of a claim against the 1;nited States, the House in which such bill is pending may refer the same to the court of claims, which shall pro ceed therein and report to said House the facts in the case and the amount, where the same can be liquidated, and any facts bear ing upon the question, etc., provided that if it appear to the court upon the facts estab lished that it has jurisdiction to render judg ment in the matter, it shall proceed to do so and thereupon report to the House of Con gress by which the claim was referred to the court.
Sec. 152. If the government shall put in is sue the right of the plaintiff to recover, the court may in its discretion allow costs to the prevailing party from the time of joining such issue. Such costs shall include only what is actually incurred for witnesses, for summoning the same, and fees paid to the clerk of the court.
Sec. 155. Aliens or the subjects of any gov ernment which accords to United States citi zens the right to prosecute claims against its government in its courts shall have a like privilege in the court of claims.
Sec. 156. Claims are barred unless the tition is filed, in the court or transmitted to the court by the Secretary of the Senate or the Clerk of the House within six years after the claim first accrues, with an exception in the case of married women, minors, lunatics, •etc.,
and persons beyond the sea, whose claims are not barred until three years after the disa bility has ceased, and such disabilities shall not operate cumulatively.
Sec. 162. Jurisdiction is given to hear and determine claims for property taken, subse quent to June 1, 1865, under the provisions of the act of March 12, 1863.
Sec. 177. No interest shall be allowed on any claim up to the time of rendition of judgment by the court, unless upon a contract expressly stipulating for the payment of in terest.
Sec. 180 provides that any person may pre sent his petition to the court, alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal rep resentative of any officer or agent or con tractor so indebted, etc., and that an indebt edness to the United States has arisen and exists, and that he or the person he repre sents has applied to the proper department for an adjustment and settlement of the ac , count, and that three years have elapsed since said application, without settlement, and no suit has been brought. The court shall proceed to hear the parties, to ascertain the amount due the United States, if any. The judgment of said court, or the supreme court to which an appeal shall lie, as in oth er cases, as to the amount due, shall be bind ing and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, etc., to recover the amount so found due, which may be brought within three years of final judgment.
Sec. 182. Provision is made for appeals in Indian cases.
Court of Cuatoma Appeals.. Sec. 188. It consists of a presiding judge and four asso ciate judges appointed by the President and confirmed by the Senate and receiving an an nual salary of $7,000 per year. The presid ing judge is so designated in his commission and the associates have precedence according to the dates of their commissions. Three members are a quorum and the concurrence of three is necessary to a decision. In case of vacancy or of temporary inability or dis qualification, for any reason, of one or two of the judges, the President may, upon re quest of the presiding judge, designate any qualified United States circuit or district judge to act in his place.