Where the capture is made by a privateer, the proceeding is begun in the name of the captors by their own proctors. Upon the filing of the libel a monition will issue, which, in case the captured property is in port, is served by the marshal in the same way as in proceedings for forfeiture under the revenue laws. If the property is not in port, as, for example, where it has been carried into a foreign port and there delivered upon bail by the captors, the monition must be served on the parties in interest, their agent, or proctor, if known to reside in the district; otherwise by publication daily in one of the newspapers of the port for ten successive days preceding the return.8 Any person interested in the property who wishes to contest the capture or procure restitution of the property captured, must file a claim thereto under oath. If on the return-day no claim is interposed, a default will be entered, and the property condemned. Suspension of proceedings for a year and a day after the default is allowed only where it is doubtful, upon the evidence, whether the captured property belongs to the enemy or is neutral.9 Prize property will not be delivered to the claimant on stipulation, deposit, or other security, except where there has been a decree of restitution and the captors have appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to condemn the property, and has given the captors leave to take further proofs, or where the claimant satisfies the court that the property has a peculiar and intrinsic value to him, independent of its market value. In such a case the court may deliver the property on stipulation or deposit of its value, if satisfied that the rights and interests of the United States and the captors, or of other claimants, will not be prejudiced thereby; but a satisfactory appraisement must first be made, and an opportunity given to the district attorney and the naval prize-commissioner to be heard as to the appointment of appraisers.10 By consent of the captors and claimants, or upon proof that the cargo is perishing, perishable, or liable to deteriorate or 8 Prize Rules S. D. of N. Y., Rule 44. The Julia, 2 Spra. 164; The Falcon, Blatchf. Prize Cas. 52. 10 U. S. R. S., § 4626. depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court will order a sale by the marshal, the proceeds of which must be deposited with the assistant treasurer nearest to the place of sale, subject to the order of the court."1 The decree of the court is either for condemnation or for acquittal and restitution. In case of condemnation the court will order testimony to be taken to show who are entitled to share in the distribution, and upon such testimony will make the final decree. In case of acquittal the court will decree delivery of the property or its proceeds, if it has been sold to the claimant, and may award damages against the captors, which will be assessed by commissioners appointed on motion.12 Where there was probable cause for the seizure, damages are denied.13 An appeal lies from the final decree of the District Court direct to the Supreme Court, irrespective of the amount involved. It must be taken within thirty days after the rendering of the decree.15 14 11 U. S. R. S., §§ 4627 and 4629; The Pioneer, Blatchf. Prize Cas. 61; The Sarah and Caroline, id. 123. 12 The Anna Maria, 2 Wheat. 327; The Ambrose Light, 25 Fed. R. 408, 447. As to costs, see The Olinde Rodrigues, 174 U. S. 510; The Buena 13 The Thompson, 3 Wall. 155. 15 U. S. R. S., § 1009; The Neustra Señora de Regla, 17 Wall. 29. CHAPTER XXXI. COURT OF CLAIMS. § 440. Organization of Court of Claims. The statutory provisions providing for the organization of the Court of Claims are as follows: “The Court of Claims, established by the Act of February twenty-four, eighteen hundred and fifty-five, shall be continued. It shall consist of a chief justice and four judges, who shall be appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office, and shall be entitled to receive an annual salary of four thousand five hundred dollars, payable quarterly from the Treasury." "Any three judges of the Court of Claims shall constitute a quorum: Provided, That the concurrence of three judges shall be necessary to the decision of any case." "The Court of Claims shall have a seal, with such device as it may order." "It shall be the duty of the Speaker of the House of Representatives to appropriate such rooms in the Capitol at Washington, for the use of the Court of Claims, as may be necessary for their accommodation, unless it appears to him that such rooms cannot be so appropriated without interfering with the business of Congress. In that case the court shall procure at the city of Washington such rooms as may be necessary for the transaction of their business." "The said court shall appoint a chief clerk, an assistant clerk, if deemed necessary, a bailiff, and a messenger. The clerks shall take an oath for the faithful discharge of their § 440. U. S. R. S., § 1049. An interesting article on the History, Jurisdiction, and Practice in the Court of Claims, by Judge W. A. Richardson, was published in 7 S. L. Rev. (N. S.) 781, and reprinted in 17 Ct. of 218 St. at L. 252. duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; but the court shall report such removals, with the cause thereof, to Congress, if in session, or if not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for "The salary of the chief clerk shall be three thousand dollars a year, of the assistant clerk two thousand dollars a year, of the bailiff fifteen hundred dollars a year, and of the messenger eight hundred and forty dollars a year, payable quarterly from the treasury." "The chief clerk shall give bond to the United States in such amount, in such form, and with such security as shall be approved by the Secretary of the Treasury."" "The said clerk shall have authority, when he has given bond as provided in the preceding section, to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled."8 "On the first day of every December 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, to the Solicitor, the Comptrollers, and the Auditors of the Treasury, to the Commissioners of the General Land Office and of Indian Affairs, to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States."9 "Members of either House of Congress shall not practice in the Court of Claims." 10 § 441. Statutes concerning the jurisdiction of Court of Claims. The more important statutory provisions defining the jurisdiction of the Court of Claims are as follows: By the Tucker Act of March 3, 1891, it is provided: "The Court of Claims shall have jurisdiction to hear and determine the following matters: "First. All claims founded upon the Constitution of the United States, or any law of Congress,' except for pensions, or upon any regulation of an Executive Department,2 or upon any contract, expressed or implied, with the Government 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 nothing in this section shall be construed as giving to either of the courts herein mentioned, 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 have heretofore been rejected, or reported on adversely by any court, Department, or commission authorized to hear and determine the same. "Second. All set-offs, counter-claims, 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 shall be allowed under this act unless the same shall have been brought within six years after the right accrued for which the claim is made." The Revised Statutes also give this court jurisdiction over 4 "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 capture or otherwise, while in the § 441. 1 Infra, § 442. 2 The words, "regulation of an Executive Department," mean a rule made by the head of a Department for its action when authorized by Congress to make such rule. A mere order of the President or the head of 4 24 St. at L. 505; infra, § 443. |