I LEGAL SERVICES AND CLAIMS. 387 



! 



; the Government of the United States, or for damages, liquidated or 



ii unliquidated, in oases not sounding in tort, in respect to which claims 



the party would l^e entitled to re<Jress against the United States either 



I in a court of law. equitv, or admiralty if the United States were 

 suable: * * * 

 i Second. All set-otts, 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: Prorlded^ That no suit against the 

 (Government of the United States, brought by any officer of the 

 United Statas 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 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. 

 J '< This section incorporates therein the provisions of Rev. St. sec. 1059 



nnd 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 1059 and section 1 are expressly repealed by section 297 of this act.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. 



I Sec. 146. Upon the trial of any cause in which any set-off. counter- 

 I claim, claim for damages, or other demand is set up on the part of 

 J the Government against any person making claim against the Govern- 

 ment in said court, the court shall hear and determine such claim or 

 'demand both for and against the Government and claimant; and if 

 iupon the whole case it finds that the claimant is indebted to the Gov- 

 lemment it shall render judgment to that effect, and such judgment 

 f shall be final, with the right of appeal, as in other cases provided by 

 slaw. * * * 



j Act March 3, 1911, c. 231, s. 146. 36 Stat. 1137. 



I This section incoi-porates therein the provisions of Rev. St. sec. 1061, 



which section is expressly repealed by section 297 of this act. 



|Glaims referred by departments. 



I ^ Sec. 148. "WTien any claim or matter is pending in any of the execu- 

 itive departments which involves controverted questions of fact or 

 flaw, the head of such department may transmit the same, with the 

 fvouchers. 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 pro- 

 visions of this chapter it has jurisdiction to render judgment or de- 

 ree thereon, it shall proceed to do so, in the latter case giving to 

 'ither party such further opportunity for hearing as in its judgment 

 justice shall require, and .shall report its findings therein to the de- 

 partment by which the same was referred to said court. * * * 



Act March 3, 1911, c. 231, s. 148. 36 Stat. 1137. 



This section incorjiorates therein the provisions of Rev. St. sec. 1063 

 and section 12, net March 3, 1887, c. 3.59. 24 Stat. 507. Said Rev. St. 

 sec. 1003 and s«'ction 12 are expressly repealed by section 297 of this net. 



