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The provisions of this section shall also apply to any of the aforesaid drugs seized or coming into the possession of the United States in the enforcement of any of the above-mentioned Acts where the owner or owners thereof are unknown. None of the aforesaid drugs coming into possession of the United States under the operation of said Acts, or the provisions of this section, shall be destroyed without certification by a committee appointed by the Commissioner, with the approval of the Secretary, that they are of no value for medical or scientific purposes. (Feb. 26, 1926, sec. 705, 44 Stat. 99; 26 U. S. C., sec. 1048b.)
FILLED CHEESE 1528. Secretary of Agriculture a member of board of appeals from decisions of Commissioner of Internal Revenue as to deleterious ingredients of filled cheese.—That the Commissioner of Internal Revenue is authorized to have applied scientific tests, and to decide whether any substances used in the manufacture of filled cheese contain ingredients deleterious to health. But in case of doubt or contest his decision in this class of cases may be appealed from to a board hereby constituted for the purpose, and composed of the Surgeon-General of the Army, the Surgeon-General of the Navy, and the Secretary of Agriculture, and the decision of this board shall be final in the premises. (June 6, 1896, sec. 15, 29 Stat. 256; 26 U. S. C., sec. 1010.)
1529. (Judicial Code, sec. 143) Court of Claims reports.--On the first day of every regular session of Congress, the clerk of the Court of Claims shall transmit to Congress a full and 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 departments
(R. S., sec. 1057; Mar. 3, 1911, 36 Stat. 1136; 28 U. S. C., sec. 248.)
1530. (Judicial Code, sec. 145) Jurisdiction of Court of Claims.—The Court of Claims shall have jurisdiction to hear and determine the following matters:
First. All claims (except for pensions) founded upon the Constitution of the United States or any law of Congress, upon any regulation of an Executive Department, upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to 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
Second. All set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, 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 allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the General Accounting Office fails to act finally thereon within six months after the account is received in said office.
Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of loss by 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. (R. S., sec. 1059; Mar. 3, 1887, sec. 1, 24 Stat. 505; June 27, 1898, 30 Stat. 494; July 1, 1898, 30 Stat. 649; Mar. 3, 1911, 36 Stat. 1137, June 10, 1921, 42 Stat. 24; 28 U. S. C., sec. 250.)
1531. (Judicial Code, sec. 146) Judgments for set-off or counterclaims.-Upon the trial of any cause in which 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 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. Any transcript of such judgment, filed in the
. clerk's office of any district court, shall 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 court are enforced. (R. S., sec. 1061; Mar. 3, 1911, 36 Stat. 1137; 28 U. S. C., sec. 252.)
1532. (Judicial Code, sec. 147) Decrees on accounts of disbursing officers. Whenever the Court of Claims ascertains the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore 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 General Accounting Office shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. (R. S., sec. 1062; Mar. 3, 1911, 36 Stat. 1137, June 10, 1921, sec. 304, 42 Stat. 24; 28 U. S. C., sec. 253.)
1533. (Judicial Code, sec. 148) Claims referred by departments.When any claim or matter is pending in any of the executive departments which involves controverted questions of fact or law, the head of such department may transmit the same, with the vouchers, papers, documents, and proofs pertaining thereto, to the Court of Claims, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have beer. found, the court shall report its findings to the department by which it was transmitted for its guidance and action: Provided, however, That if it shall have been transmitted with the consent of the claimant, or if it shall appear to the satisfaction of the court upon the facts established that under existing laws or the provisions of this chapter it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, in the latter case giving to either party such further opportunity for hearing as in its judgment justice shall require, and shall report its findings therein to the department by which the same was referred to said court. The Secretary of the Treasury may, upon the certificate of the Comptroller General of the United States, direct any claim or matter, of which, by reason of the subject matter or character, the said court might under existing laws, take jurisdiction on the voluntary action of the claimant, to be transmitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court for trial and adjudication. (R. S., sec. 1063; June 16, 1874, 18 Stat. 75; Mar. 3, 1883, 22 Stat. 485; Mar. 3, 1887, secs. 12, 13, 24 Stat. 507; Mar. 3, 1911, 36 Stat. 1137; June 10, 1921, sec. 304, 42 Stat. 24; 28 Ú. S. C., sec. 254.)
1534. (Judicial Code, sec. 149) Procedure in cases transmitted by departments.-All cases transmitted by the head of any department, or upon the certificate of the Comptroller General of the United States, according to the provisions of the preceding section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations. (R. S., sec. 1064,
. Mar. 3, 1911, 36 Stat. 1138; June 10, 1921, sec. 304, 42 Stat. 24; 28 U. S. C., sec. 255.)
1535. (Judicial Code, sec. 150) Judgments in cases transmitted by departments.—The amount of any final judgment or decree rendered in favor of the claimant, in any case transmitted to the Court of Claims under the two preceding sections [28 U. S. C., secs. 254, 255), shall be paid out of any specific appropriation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. (R.S., sec. 1065; Mar. 3, 1911, 36 Stat. 1138; 28 U. S. C., sec. 256.)
1536. (Judicial Code, sec. 164) Calling departments for information.The said court shall have power to call upon any of the departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest. (R. S., sec. 1076; Mar. 3, 1911, 36 Stat. 1140; 28 U. S. C., sec. 272.)
1537. (Judicial Code, sec. 172) Claims forfeited for fraud.Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the United States shall, ipso facto, forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced,
and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same. (R. S., sec. 1086; Mar. 3, 1911, 36 Stat. 1141; 28 U. S. C., sec. 279.)
1538. (Judicial Code, sec. 178) Payment of judgment.—The payment of the amount due by any judgment of the Court of Claims and of any interest thereon allowed by law, as provided by law, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. (R. S., sec. 1092; Mar. 3, 1911, 86 Stat. 1141; 28 U.S. C., sec. 285.)
1539. (Judicial Code, sec. 179) Final judgment a bar.-Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. (R. S., sec. 1093; Mar, 3, 1911, 36 Stat. 1141; 28 U. S. C., sec. 286.)
1540. (Judicial Code, sec. 180) Ascertainment of amounts due United States by debtors.-Whenever any person shall present his petition to the Court of Claims 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 representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding 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, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final' judgment of said court; and unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. (Mar. 3, 1887, secs. 3, 8, 24 Stat. 505; Mar. 3, 1911, 36 Stat. 1141; 28 U. S. C., sec. 287.)
1541. Certification; certiorari; no other review.-(a) That in any case in the Court of Claims, including those begun under section 180 of the Judicial Code [28 U. S. C., sec. 287], that court at any time may certify to the Supreme Court any definite and distinct questions of law concerning which instructions are desired for the proper disposition of the cause; and thereupon the Supreme Court may give appropriate instructions on the questions certified and transmit the same to the Court of Claims for its guidance in the further progress of the cause.
(b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Government or claimant, to require, by certiorari, that the cause, including the findings of fact and the judgment or decree, but omitting the evidence, be certified to it for review and determination with the
same power and authority, and with like effect, as if the cause had been brought there by appeal.
(c) All judgments and decrees of the Court of Claims shall be subject to review by the Supreme Court as provided in this section, and not otherwise. (Feb. 13, 1925, sec. 3, 43 Stat. 939; 28 U. S. C., sec. 288.)
1542. (Judicial Code, sec. 185) Appearance by Attorney General for defense.—The Attorney General, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court. (Mar. 3, 1883, 22 Stat. 486; Mar. 3, 1911, 36 Stat. 1142; 28 U. S. C., sec 291.)
1543. Exemption from jury service.—All executive and judicial officers, salaried officers of the Government of the United States * shall be exempt from jury duty, and their names shall not be placed on the jury lists. (Mar. 3, 1961, sec. 217, 31 Stat. 1224; 18 D. C. Code, sec. 360.)
1543a. Same.-All executive and judicial officers of the Government of the United States and of the District of Columbia, all officers and enlisted men of the Army, Navy, Marine Corps, and Coast Guard of the United States in active service, those connected with the police and fire departments of the United States and of the District of Columbia, counselors and attorneys at law in actual practice shall be exempt from jury duty, and their names shall not be placed on the jury lists.
All other persons, otherwise qualified according to law whether employed in the service of the Government of the United States or of the District of Columbia, all officers and enlisted men of the National Guard of the District of Columbia, both active and retired, all officers and enlisted men of the Military, Naval, Marine, and Coast Guard Reserve Corps of the United States, all notaries public, all postmasters and those who are the recipients or beneficiaries of a pension or other gratuity from the Federal or District Government or who have contracts with the United States or the District of Columbia, shall be qualified to serve as jurors in the District of Columbia and shall not be exempt from such service: Provided, That employees of the Government of the United States or of the District of Columbia in active service who are called upon to sit on juries shall not be paid for such jury service but their salary shall not be diminished during their term of service by virtue of such service, nor shall such period of service be deducted from any leave of absence authorized by law.* (Mar. 3, 1901, sec. 217, 31 Stat. 1224; Aug. 22, 1935, Public 301, 74th Cong.)
PROVISIONS COMMON TO MORE THAN ONE COURT 1544. Printing, binding, and distribution of reports and digests; (Judicial Code, sec. 227).-The reports provided for in section 225 [28
* Declared invalid by_United States Court of Appeals for the District of Columbia, in so far as it affects Federal employees. (Raymond Wood v. United States, Mar. 25, 1936.)