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2. Partnership petition

4797

3. Creditors' petition

4799

4. Order to show cause upon creditors' petition...

4800

5. Subpoena to alleged bankrupt...

4801

6. Denial of bankruptcy.

4801

7. Order for jury trial..

4802

8. Special warrant to marshal.

4802

9. Bond of petitioning creditor...

4803

10. Bond to marshal .....

4804

11. Adjudication that debtor is not bankrupt.

4805

12. Adjudication of bankruptcy.

4805

13. Appointment, oath, and report of appraisers.

4806

14. Orders of reference..

4807

15. Order of reference in judge's absence.

4808

16. Referec's oath of office..

4808

17. Bond of referee...

4809

18. Notice of first meeting of creditors..

4809

19. List of debts proved at first meeting...,

4810

20. General letter of attorney in fact when creditor is not repre-

sented by attorney at law...

4810

21. Special letter of attorney in fact..

4811

22. Appointment of trustee by creditors..

4812

23. Appointment of trustee by referee.

4813

24. Notice to trustee of his appointment.

4813

25. Bond of trustee

4814

26. Order approving trustee's bond...

4814

27. Order that no trustee be appointed..

4815

28. Order for examination of bankrupt.

4815

29. Examination of bankrupt or witness.

4816

30. Summons to witness....

4816

31. Proof of unsecured debt..

4817

32. Proof of secured debt...

4818

33. Proof of debt due corporation.

4818

34. Proof of debt by partnership..

4819

35. Proof of debt by agent or attorney.

4820

36. Proof of secured debt by agent.

4820

37. Affidavit of lost bill, or note..

4821

38. Or«ler reducing claim...

4822

39. Order expunging claim.

4822

40. List of claims and dividends to be recorded by referee and by

him delivered to trustee....

4823

41. Notice of dividend....

4824

42. Petition and order for sale by auction of real estate.

4824

43. Petition and order for redemption of property from lien. 4825

44. Petition and order for sale subject to lien..

4826

45. Petition and order for private sale.....

4826

46. Petition and order for sale of perishable property.

4827
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FEDERAL PRACTICE

VOLUME IV.

CHAPTER XXXV.

COURT OF CLAIMS.

$ 670. Organization of Court of Claims. The Judicial Code provides 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. The Chief Justice shall be entitled to receive an annual salary of six thousand five hundred dollars and each of the other judges an annual salary of six thousand dollars, payable monthly, from the Treasury.1

“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, to the Solicitor, the Comptroller, and the Auditors of the Treasury, to the Commissioner of the General Land Office

$ 670. 1 g 136, 36 St. at L. 1087, tice in the Court of Claims, by Judge re-enacting U. S. R. S., § 1049, in W. A. Richardson, was published in substance. An interesting article on 7 Southern Law Rev. (N. S.) 781, the History, Jurisdiction, and Prac- and reprinted in 17 Ct. of Cl. 1.

and of Indian Affairs, to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States." 2

$ 671. 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, 2

2 Ibid., § 143, re-enacting U. S. R. S., § 1057.

$ 671. 1 Supra $$ 96a, 96b, 96c, 96f. See Peabody v. U. S., 231 U.S. 530; Portsmouth Harbor Land & Hotel Co. v. U. S. 250; U. S. 1.

Supra, § 96f. Where Congress recognizes the validity of a claim, appropriates money therefrom and directs a public officer to examine and pay it, a suit upon such claim against the United States may be maintained in the Court of Claims. Huffman v. U. S., 17 Ct. Cl. 55. See U. S. v. Jordan, 113 l. S. 418, 28 L. ed. 1013; Nashville, C. & St. Ry. Co. v. U. S., 113 U. S. 261, 28 L. ed. 971; U. S. v. Kaufman, 96 l'. S. 567, 24 L. ed. 792. So where a statute provides for payment of a claim when it appears to the satisfaction of a Government officer that certain facts exist, and the latter finds the existence thereof, but denies payment because of an neous construction of the law. U.S. v. Loughlin, 249 U. S. 440, 39 Sup. Ct. 340, 63 L. ed. 696. be maintained against the United States upon an allowance made hy a Commissioner of Internal Revenue to a judgment creditor, under Section 3220 of the Revised Statutes, where the collector does not object and sets up no claim himself; Nixon v. U. S., 18 Ct. CI. 418; provided, the Commissioner has not exceeded

his jurisdiction in making the allowance, Seat v. U. S., 18 Ct. Cl. 458. A suit may be maintained to recover the amount of an award under a statute giving an informer a share of the penalty; Ramsay v. U. S., 21 Ct. Cl. 443; U. S. v. Ramsay, 120 U. S. 214, 30 L. ed. 582. A suit may be maintained to recover of the United States taxes and penalties similar to those in sections 3220 and 3228 of the Revised Statutes, when a claim has been in due time presented on appeal to and allowed by the Commissioner of Internal Revenue; U. S. v. Savings Bank, 104 U. S. 728, 26 L. ed. 908. See also U. S. v. Kaufman, 96 U. S. 567, 24 L. ed. 792. So may be a suit for a draw-back under the Act of August 5, 1861, chapter 45, section 4, after payment has been refused. Campbell v. U. S., 107 U. S. 407, 27 L. ed. 592; Portland Co. v. U. S., 5 Ct. Cl. 441. When the Commissioner of the Internal Reyenue has allowed a claim for the refund of a tax, and the accounting officer has disallowed the whole amount, the Court of Claims has jurisdiction of a suit to recover the

U. S. v. Kaufman, 96 l". S. 567, 24 L. ed. 792; U. S. v. Savings Bank 104 U S. 728, 26 L. ed. 908; Edison El. Ill. Co. v. U. S. 38 Ct. (1. 208. But see Medbury v. U. S. 173 U. S. 492, 43 L, ed. 779.

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