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 performed 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 proper accounting officer of the Treasury fails to act finally thereon within six months after the account is received in said office. Act March 3, 1911, c. 231, s. 145, 36 Stat. 1136. This section incorporates therein the provisions of Rev. St. sec. 1059 and section 1, act March 3, 1887, c. 359, 24 Stat. 505. Said Rev. St. sec. 1059 and section 1 are expressly repealed by section 297 of this act. Judgments for set-offs or counterclaims. SEC. 146. 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 by law. * * * Act March 3, 1911, c. 231, s. 146, 36 Stat. 1137. This section incorporates therein the provisions of Rev. St. sec. 1061, which section is expressly repealed by section 297 of this act. Claims referred by departments. SEC. 148. 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 been 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. Act March 3, 1911, c. 231, s. 148, 36 Stat. 1137. * * * This section incorporates therein the provisions of Rev. St. sec. 1063 and section 12, act March 3, 1887, c. 359, 24 Stat. 507. Said Rev. St. sec. 1063 and section 12 are expressly repealed by section 297 of this act. Procedure in cases transmitted by departments. * SEC. 149. All cases transmitted by the head of any department, 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. Act March 3, 1911, c. 231, s. 149, 36 Stat. 1138. This section incorporates therein the provisions of Rev. St. sec. 1064, which section is expressly repealed by section 297 of this act. Judgments in cases transmitted by departments; payment. SEC. 150. 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, shall be paid out of any specific appropriation applicable to the case, if any 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. Act March 3, 1911, c. 231, s. 150, 36 Stat. 1138. This section incorporates therein the provisions of Rev. St. sec. 1065, which section is expressly repealed by section 297 of this act. Power to call upon departments for information. * * SEC. 164. The said court shall have power to call upon any of the departments for any information or papers it may deem necessary, 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. Act March 3, 1911, c. 231, s. 164, 36 Stat. 1140. This section incorporates therein the provisions of Rev. St. sec. 1076, which section is expressly repealed by section 297 of this act. Claims forfeited for fraud. SEC. 172. 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. Act March 3, 1911, c. 231, s. 172, 36 Stat. 1141. This section incorporates therein the provisions of Rev. St. sec. 1086, which section is expressly repealed by section 297 of this act. Disallowance of fraudulent claims for more than is justly due, or on false evidence. SEC. 173. No claim shall be allowed by the accounting officers * or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than is justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. Act March 3, 1911, c. 231, s. 173, 36 Stat. 1141. This section incorporates therein the provisions of section 2, act April 30, 1878, c. 77, 20 Stat. 524. Debtors to United States; adjustment of indebtedness. SEC. 180. 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. * * * Act March 3, 1911, c. 231, s. 180, 36 Stat. 1141. This section incorporates therein the provisions of section 3, act March 3, 1887, c. 359, 24 Stat. 505, which section is expressly repealed by section 297 of this act. Attorney General to appear for defense. SEC. 185. 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. Act March 3, 1911, c. 231, s. 185, 36 Stat. 1142. This section incorporates therein the provisions of section 5, act March 3, 1883, c. 116, 22 Stat. 486, which section is expressly repealed by section 297 of this act. ACT FEBRUARY 8, 1899, c. 121. An act to prevent the abatement of certain actions. (30 Stat. 822.) Suits against officers of United State not abated by death, expiration of term, etc. That no suit, action, or other proceding lawfully commenced by or against the head of any Department or Bureau or other officer of the United States in his official capacity, or in relation to the discharge of his official duties, shall abate by reason of his death, or the expiration of his term of office, or his retirement, or resignation, or removal from office, but, in such event, the Court, on motion or supplemental petition filed, at any time within twelve months thereafter, showing a necessity for the survival thereof to obtain a settlement of the questions involved, may allow the same to be maintained by or against his successor in office, and the Court may make such order as shall be equitable for the payment of costs. Act February 8, 1889, c. 121, 30 Stat. 822. |