Page:United States Statutes at Large Volume 44 Part 1.djvu/915

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

g()]_ _ 8.—4UD1C'IJL ( the §ndl® of fact andthe 1 or the avid;.-he cer¤I¤d to it for  » eil}: the nmepower and authority, and with like ¢ect,_u_tf (te) AHj¤@ ti!Ddd8QEG86{fR%!t®fG.§@ mall he subject torevlew by the Buprem Gourtx movldcd in notion, and not (Feb. 13,1%, c. { 3, 43 Qtat.,

 289. (Jwdai Code, section 183.) Amraoy G¤cral’s rc--

jport to Cougrm.-—'1'hoiAt General shall to»Congres.·s,`at-the hqtmrlm of each ’&lar:_seasion, the under svciioll $7 of mia title, lu a anal judgment-.or decree. me teen rwdered,`§iv1ng the date of each and aystatement of `tlie costs taxedixr acl! case. (lis;. 8, 1887, c; 350,] 17, 24 ` stat. 507 ; Mar.»8, 1911,. c. $1, { 1$, 38 Stat, 1142.) ’» · · ·

 (Judicial ‘Codc, section 184.) Loyalty jurisdictional

fact.-In ; any case ot a claim for supplles=or- stores taken hy or- tarnished to anipart of the military or naval forces of the ' Tiiited States forthelr. um during the late Gvll War, the petition shall aver that are person who furnished such sumllies or stores, er from? whom such suppliu or stores were taken,. did · not glee any aid or comfort to said rebdlion, mt was through-. out that war loyal to-acne `Govermnent of the United Smtu, and ,· me fact of such loyalty mall bera jnrlsdictional fact; unless the uid court shall, on a'prel1minary_lnquiry,. nndthat the person who furniwed such supplies or or from whom the same were uhm as.afor®id, was loyal to the. Government of the `United- States througl1ouf.mid_ war, the court shall not have jurisdiction of such cause, and the same. shall, withoutl - flll"{llf3l‘~’])1’G(¥€€(liHg8,* be dismissed. . (Mar. .3, 1883, c. 1_16, S- 4,* 22 Stat; 486: Har. 3,1911,, c. %1,_ § 184; 38,,Stat. 1142,) ` 291; (Judicial Oak, section 185.)‘_ Appearance by-Attorney General for dcfeasc.———The Atto¢ey General, or ·his assistants under his direction, {shall appear for "the defense and proteclion of the interests of the United Statw in all cases which may he transmitted to the Court of Claims under the provisions 1 of this chapter,_ with the same. power ‘to· lnterpose countercininns, odsets, 'dcfcnses for fraud practiced or attempted to be ·practiced by claimants, and other defenses, in like manner as cho is required to defend the United States in said court. . (Mar.

 1883, c.`*116, ci 5,22 Stat}486; Mar. 3, 1911, c. 231, § 185, 36.

$¤tat.11Q.) “ , .` _” - _ - Z 292. (Judicial »Code, section 186, amended.) Exclusion as witnesses Mcause ,of color or because of intcrest.—-·No person slaall be eracluded as a_ witness in the Court of Claims on ac-

t·ou‘nt_of color or bemuse he or she is a party toor interested

in the cause or proceeding; and any plaintiff oryparty inlnterr. estinay be exaxnlnedas a` witness on the part of the Govern-` ment. (B. S. 5. 107,8.; Mar. 3, 1883, c.‘ 116,5 6, 22 Stat- {186; }iar.__3,·1887, c. 359, Q 8, 24€Stat.. 506,; Mar. 13, 1911, c. 231, 5 186, 36 Stat; 1143.; Feb. 5; 1912, c. 28, 37. Stat, 61.) - I -_ _ __ , » 3,293. (Judicial Code, section 187.) i-Reports to`Congress.—·-·

 of the Court of Claims to Congress, under sections 254

and $7 of this title, if not llnally `acted upon‘durlng` the session · at which they aigsoreported, shall be continued. from session to session and from Congrws to Congress until the. same shall be annoy acteoeupoo. '(Mhr; s; 1883, o, 116, 6 7, 22 sta;. Also; liar. 3, 1911; c. 231, _§ 187, 36 Stat.'11$3.) I 1 ° Chapter ‘8.-—-'1‘HIE COURT O1? CUSTOMS APPEALS. 801. Court: hdtv? salaries : "quoruxn; clrcnlt and district Judges Zmay 302. Court slain open; ¢e¤¤¤¢;"¤p¤¤m.‘¤: ' M303. Marshal: ·*i9¤¤i¤tncnt, salary, dation. · 304.iClork; agaointment, salary, end duties; ‘· ,_ · /2 305. Aalstant clcrt, stenographic clerks, and rsportu.

 loom for holdin; co¤rt‘;’M.lllt• and meuenkcra.

397. Court. or record; inlskrulas: @do¤•· · `

was uh JUDIGIABI —, ,§_ 303 -308. Review ot ¤ssl decisions of Boardfot General Appraisers; review , _ "by Supreme Court. — _ o · - ·

 gutmlcuon in customs eases. ·

810. Appcls tron Board ot General Appraisers., 811.‘R•oot¢ on calendar: call ot calendar. " I Ciwss REFERENCE l Board ot Gepernl Appraisers; nee Title 19, 'Cssroxs Denis. E_ Sectim 391. (Judicial Code, pcctim 188.) ‘Co¤rt; judges:.

salariu; quorum; tlredt and judges my set.-—There
 shall be a United States Court of   Appeals, which shall

E consist of a presiding qiudrke and four amehte judga, web of `whom shallibe appointed by the Prmdent, by nudwith the ad·· twice aud- conseut ot °the_ Sénate, and shall receive a mlary of $8,509 a year; payable- monthly 4'rom 'frusmi, . The prmidiug judge shall, be so desiguatedfin the order of appointment and in the commission issued to him by the . Prxideeut; and the, {associate judges shall have prwedeuce according to the date of their commissions.- *A¤y,1;m·ee meibers oi. said court shall constitute °a‘ quorum, and the concurrence of three members shall be necessarysth any decimm thereof. In cam ot a vacxpey ,.0r ot ;the teuiporary inability or disqualidcation, for any reason, _0f,0_1ge_ or two of the judges of mid eourt, the President , _ma$*»‘ upon the request 'of we presiding june ot said court, designate any `qualifled ‘U¤lted· States circuit or district judge . orfjlldgés to act in his or their place; and such circuit or district judges sha’II`be<du1y qualified to so act. (Aug. 5, 1969, c. 6,_§, 28,36 Stat. 91, 105 ;, Feb. .25, 1910, c. 62, 36 Stat. 214; Mar. - 3, 1911,, c. 231, 5 188, 36 Stat.1143; ·Feb.i%, 1919, 1:.*29, 55 2. “ ·5Q.40.Stat."1156, `11s·z—.> t _ `Q f , f , 1 _ 302. (Judicial , Code, · section` 189.) Court always open; terms; expenses of judges.-—The` said Court of Ouaoms Ap— r peals shall always be opexi for the transaction of huslgess, and sessions thereof may, in the discretion. of eourt,·be_he1d in the several judicial circuits, aud at such as said court may from e tithe to time designate. Any judge who, in pur- ' suance of the provisions of this chapter, shall attend a sesisiouht ofsaid court at any place other than the eity'of Washington, shall be paid," upon ,his`·yvritte11 aud. itemized eertihcate, by the 'marshal of the districtsln which the court be held, his actual and necessary expenses incurred `for travel aadl attendance, and the actual and necessary expenses of. one stead graphic clerk who may accompany him ;_ and such- payments shall; be` allowed the marshal in the settlement of his accounts with the United States. (Aug: 5, 1909, c. 6, S 28, 36 Stat. 91, 105; Mar. 3, 191-1, —'c. 231, § 189, 36 Stat. 1143;)"_ ·

 Code, section 190.) Marshal; appointment,.

salary, and duties.¢———Said `courf shall have the servtcw of a marshal, with the same duties and powers, under thejeguls.- tions of thecourt, as were lpmvxaea on March 3, 1911, for the marshal ofjhe Supreme Court of they United States, so far as ·othe·_ same may be applicable. 'Said services within the District ot Columbia shall be performed by a marshal to be appointed t by and t to hoId omce during. the pleasure of the court, who shall receive .a salary of $3,000 per annum. Usald `sermlées foutside of the District of Columbia shall performed by the UnitedStates marshals in aud, for the districts where sessions ot said court may be held; 8Ild.°tQ this-wd said, marshals shall be the marshals ot said coue_rt. Themarshal of said court, for. the District oi" Columbia; is authorized to_ purchase, " under the direction or the lprmiding judge, such. hooks, perl- _ odigals, and stationery, as may he necessary for the use ot ’ said éourt; and #such_ expenditures shall be allowed_ and paid by the secretary of the Treasury upoqemxm duly made and approved by said presiding judge. ( Ajug. 5, 19%, c. '6, § 28, 88 Stat. .91, 1%; Feb. 25,1910, c. 62, 36 Stat. 2162 Mar. 3, 1911, e.231,|191,3§ Stat. 1144.) “V