227, subch. II, § 1, 41 Stat. 811, as amended June 24, 1948, ch. 625, title II, § 242, 62 Stat, 642.

§ 1443. Civil rights cases.

Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:

(1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof;

(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. (June 25, 1948, ch. 646, 62 Stat. 938.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 74 (Mar. 3, 1911, ch. 231, § 31, 36 Stat. 1096).

Other provisions of section 74 of title 28, U. S. C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. Words "or in the part of the State where such suit or prosecution is pending" after "courts of such States," were omitted as unnecessary.

Changes were made in phraseology.

CROSS REFERENCES

Stay of State court proceedings, see section 2283 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Application of rules, see rule 81 (c), Appendix to this

title.

Continuation of section under rule 81, see note by Advisory Committee under rule 81.

§ 1444. Foreclosure action against United States.

Any action brought under section 2410 of this title against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pending. (June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949, ch. 139, § 82, 63 Stat. 101.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 903 (Mar. 4, 1931, ch. 515, § 3, 46 Stat. 1529).

The procedural provisions of section 903 of title 28, U. S. C., 1940 ed., were omitted as covered by section 1446 of this title.

Changes were made in phraseology.

AMENDMENTS

1949-Act May 24, 1949, inserted "court" between "State" and "may", and substituted "division" for "divisions".

CROSS REFERENCES

Actions affecting property on which United States has a lien, see section 2410 of this title.

Stay of State court proceedings, see section 2283 of this title.

§ 1445. Nonremovable actions.

(a) A civil action in any State court against a railroad or its receivers or trustees, arising under sections 51-60 of Title 45, may not be removed to any district court of the United States.

(b) A civil action in any State court against a common carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 20 of Title 49, may not be removed to any district court of the United States unless the

matter in controversy exceeds $3,000, exclusive of interest and costs.

(c) A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States. (June 25, 1948, ch. 646, 62 Stat. 939; July 25, 1958, Pub. L. 85-554, § 5, 72 Stat. 415.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 71 (Mar. 3, 1911, ch. 231, § 28, 36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54). The words "or its receivers or trustees" were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under section 1442 of this title when filed against court receivers or trustees.

This was the unquestioned rule prior to the act of Aug. 23, 1916, ch. 399, 39 Stat. 532, amending section 76 of title 28, U. S. C., 1940 ed., and permitting removal of actions against officers of United States courts. The cases are in conflict as to whether under that amendment the case becomes removable when the carrier is in receivership or undergoing reorganization. The revised section resolves the conflict by denying the right of removal to receivers and trustees where it would be nonexistent if the carrier were the party defendant. Thus the subject matter rather than legalistic distinctions as to the identity of the parties is made determinative consideration.

A reference in section 71 of title 28, U. S. C., 1940 ed., to sections 51-59 of title 45, U. S. C., 1940 ed., Railroads, was changed to "51-60." Such sections 51-59 embraced all of chapter 2 of said title 45 when the law on which such section 71 is based was enacted, but a new section (60) was added in 1939.

Other provisions of section 71 of title 28, U. S. C., 1940 ed., appear in section 1441 of this title. Changes were made in phraseology.

AMENDMENTS

1958-Pub. L. 85-554 substituted "Nonremovable actions" for "Carriers; nonremovable actions" in the catchline, and added subsec. (c).

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-554 applicable only in the case of actions commenced after July 25, 1958, see note set out under section 1331 of this title.

CROSS REFERENCES

Reorganization of railroads engaged in interstate commerce as ground for removal, see section 205A of Title 11, Bankruptcy.

Stay of State court proceedings, see section 2283 of this title.

§ 1446. Procedure for removal.

(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a verified petition containing a short and plain statement of the facts which entitle him or them to removal together with a copy of all process, pleadings and orders served upon him or them in such action.

(b) The petition for removal of a civil action or proceeding shall be filed within twenty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within twenty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.

If the case stated by the initial pleading is not removable, a petition for removal may be filed within

twenty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.

(c) The petition for removal of a criminal prosecution may be filed at any time before trial.

(d) Each petition for removal of a civil action or proceeding, except a petition in behalf of the United States, shall be accompanied by a bond with good and sufficient surety conditioned that the defendant or defendants will pay all costs and disbursements incurred by reason of the removal proceedings should it be determined that the case was not removable or was improperly removed.

(e) Promptly after the filing of such petition and bond the defendant or defendants shall give written notice thereof to all adverse parties and shall file a' copy of the petition with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.

(f) If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into his custody and deliver a copy of the writ to the clerk of such State court. (June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, § 83, 63 Stat. 101.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 72, 74, 75, 76 (May 3, 1911, ch. 231, §§ 29, 31, 32, 33, 36 Stat. 1095, 1097; Aug. 23, 1916, ch. 399, 39 Stat. 532).

Section consolidates portions of sections 74, 75, and 76 with section 72 of title 28, U. S. C., 1940 ed., with important changes of substance and phraseology.

Subsection (a), providing for the filing of the removal petition in the district court, is substituted for the requirement of sections 72 and 74 of title 28, U. S. C., 1940 ed., that the petition be filed in the State court. This conforms to the method prescribed by section 76 of title 28, U. S. C., 1940 ed., and to the recommendation of United States District Judges Calvin W. Chesnut and T. Waties Warring approved by the Committee of the Judicial Conference on the Revision of the Judicial Code. Subsection (b) makes uniform the time for filing petitions to remove all civil actions within twenty days after commencement of action or service of process whichever is later, instead of "at any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead" as required by section 72 of title 28, U. S. C., 1940 ed. As thus revised, the section will give adequate time and operate uniformly throughout the Federal jurisdiction. The provisions of sections 74 and 76 of title 28, U. S. C., 1940 ed., for filing at any time "before trial or final hearing" in civil rights cases and cases involving revenue officers, court officers and officers of either House of Congress were omitted.

This pro

Subsection (c) embodies the provisions of sections 74 and 76 of title 28, U. S. C., 1940 ed., for filing the removal petition before trial and makes them applicable to all criminal prosecutions but not to civil actions. vision was retained to protect Federal officers enforcing revenue or criminal laws from being rushed to trial in State courts before petition for removal could be filed. Words "or final hearing" following the words "before trial," were omitted for purposes of clarity and simplification of procedure.

The provision of said section 76 of title 28, U. S. C., 1940 ed., for certificate of counsel that he has examined the proceedings and carefully inquired into all matters set forth in the petition and believes them to be true, was omitted as unnecessary and inconsistent with Rule 11 of the Federal Rules of Civil Procedure.

Subsection (d) is derived from sections 72 and 74 of title 28, U. S. C., 1940 ed., but the requirement for cost bond is limited to civil actions in conformity with the more enlightened trend of modern procedure to remove all unnecessary impediments to the administration of criminal justice. Provisions of said section 72 as to the conditions of the bond were rewritten because inappropriate when the petition for removal is filed in the Federal court.

Subsection (e) provides for notice to the adverse parties and for the filing in the State court of a copy of the petition for removal in substitution for the requirements of sections 72 and 74 of title 28, U. S. C., 1940 ed., for the The last filing of the removal petition in the State court. sentence of subsection (e) is derived from sections 72, 74 and 76 of title 28, U. S. C., 1940 ed.

Subsection (f) is derived from sections 75 and 76 of title 28, U. S. C., 1940 ed.

Since the procedure in removal cases is now governed by the Federal Rules of Civil Procedure [Rule 81 (c)] and Federal Rules of Criminal Procedure [Rule 54 (b)], the detailed directions of the various sections with respect to such procedure were omitted as unnecessary.

Thus the provision of section 72 of title 28, U. S. C., 1940 ed., with respect to appearance, special bail and filing the record were omitted as covered by the Federal Rules of Civil Procedure, Rules 64, 81 (c).

The provisions of section 74 of title 28, U. S. C., 1940 ed., as to the effect of security and other proceedings and remedies in the State court were omitted as covered by section 1450 of this title.

The requirements of section 74 of title 28, U. S. C., 1940 ed., that the clerk of the State court shall furnish copies of pleadings and proceedings to the petitioner and that the petitioner shall file the same in the district court are covered by section 1447 of this title.

The provisions of section 74 of title 28, U. S. C., 1940 ed., requiring the adverse parties to plead anew in the district court were omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 81 (c). The last sentence of such section was omitted as covered by section 1447 (d) of this title.

AMENDMENTS

1949 Subsec. (b). Act May 24, 1949, § 83 (a), provided that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading, and provided that the petition for removal shall be filed within 20 days after the service of summons.

Subsec. (e). Act May 24, 1949, § 83 (b), indicated that notice need not be given simultaneously with the filing, but may be made promptly thereafter.

CROSS REFERENCES

Stay of State court proceedings, see section 2283 of this title.

FEDERAL RULES OF CIVIL PROCEDURE

Application of Rules of Civil Procedure, see rule 81, Appendix to this title.

Continuation of section under rule 81, see note by Advisory Committee under rule 81.

§ 1447. Procedure after removal generally.

(a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.

(b) It may require the petitioner to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.

(c) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case, and may order the payment of just costs. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The

State court may thereupon proceed with such case. (d) An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise. (June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, § 84, 63 Stat. 102; July 2, 1964, Pub. L. 88-352, title IX, § 901, 78 Stat. 266.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 71, 72, 74, 76, 80, 81 and 83 (Mar. 3, 1911, ch. 231, §§ 28, 29, 31, 33, 37 and 38, 36 Stat. 1094-1098; Jan. 20, 1914, ch. 11, 39 Stat. 278; Aug. 23, 1916, ch. 399, 39 Stat. 532; Apr. 16, 1920, ch. 146, 41 Stat. 554; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54).

Section consolidates procedural provisions of sections 71, 72, 74, 76, 80, 81 and 83 of title 28, U. S. C., 1940 ed., with important changes in substance and phraseology.

Subsection (a) is derived from sections 72, 76, 81 and 83 of title 28, U. S. C., 1940 ed. The remaining provisions of said section 83 are the basis of section 1448 of this title. Subsection (b) is derived from sections 72, 74, 76 and 83 of title 28, U. S. C., 1940 ed., which have been rewritten to provide the utmost simplicity and flexibility of procedure in bringing the State court record to the district court. [Editorial Note.-Subsecs. (c), (d) and (e) as originally revised and incorporated in this section read as follows: "(c) It may order the pleadings recast and the parties realigned according to their real interest.

"(d) If any party fails to comply with its lawful orders, the district court may enter such further orders and judgments as justice requires.

"(e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case. certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case."]

Subsections (c) and (d) are substituted for unnecessary and inconsistent procedural provisions.

Subsection (e) [now subsec. (c)] is derived from sections 71 and 80 of title 28, U. S. C., 1940 ed. Such subsection is rewritten to eliminate the cumbersome procedure of remand. Under this chapter as revised, the petition for removal under section 1446 of this chapter will be filed in the Federal court in the first instance and the right of removal determined in that court before the petition is granted.

The provisions in section 80 of title 28, U. S. C., 1940 ed., relating to actions commenced in district courts, as distinguished from actions removed thereto, are incorporated in section 1359 of this title. Other provisions of said section 80 appear in section 1919 of this title.

AMENDMENTS

1964 Subsec. (d). Pub. L. 88-352 added the exception provision.

1949-Subsec. (c). Act May 24, 1949, § 84(a), struck out former subsecs. (c) and (d), renumbered former subsec. (e) to be subsec. (c) and added at end of first sentence of new subsec. (c) "and may order the payment of just costs".

Subsec. (d). Act May 24, 1949, § 84(b) added subsec. (d).

EXCEPTION TO SUBSECTION (d)

Section 3 (c) of act Aug. 4, 1947, ch. 458, 61 Stat. 732, provides in part that the United States shall have the right to appeal from any order of remand entered in any case removed to a United States district court pursuant to the provisions of act Apr. 12, 1926, ch. 115, 44 Stat. 239. These acts referred to herein relate to restrictions on land of the Five Civilized Tribes of Oklahoma and are set out as notes under section 355 of Title 25, Indians.

CROSS REFERENCES

Amendment of pleadings to show jurisdiction, see section 1653 of this title.

Parties collusively joined or made, see section 1359 of this title.

Stay of State court proceedings, see section 2283 of this title. FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Appendix to this title. § 1448. Process after removal.

In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court. This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case. (June 25, 1948, ch. 646, 62 Stat. 940.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 83 (Apr. 16, 1920, ch. 146, 41 Stat. 554).

Words "district court of the United States" were substituted for "United States Court," because only the district courts now possess jurisdiction over removed civil and criminal cases.

Changes were made in phraseology.

CROSS REFERENCES

Power of district court to bring before it proper parties, whether or not served with State court process, see section 1447 (a) of this title.

FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Appendix to this title.

§ 1449. State court record supplied.

Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court. (June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098). Changes were made in phraseology.

AMENDMENTS

1949-Act May 24, 1949, substituted "and the clerk of such State court, upon" for "any attachment or sequestration of the".

PRIOR LAW

Section 82 of Title 28, U. S. C., 1940 ed., Mar. 3, 1911, ch. 231, § 39, 36 Stat. 1099, derived from Mar. 3, 1875, ch. 137, § 7, 18 Stat. 472, was repealed and omitted as unnecessary in view of this section. That section provided a penalty when the State court clerk refused to give a copy of the record, and authorized the district court to issue a writ of certiorari to the State court commanding a return of the record. It also provided for pleading de novo in the district court when copies of the State record could not be obtained.

CROSS REFERENCES

Writs of certiorari to State courts, see section 1447 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Continuation of former sections 78 and 82, see note by Advisory Committee under rule 81, Appendix to this title. § 1450. Attachment or sequestration; securities.

Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.

All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwithstanding such removal.

All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court. (June 25, 1948, ch. 646, 62 Stat. 940.)

1960-Pub. L. 86–770, § 2(b), Sept. 13, 1960, 74 Stat. 912, added item 1506.

Pub. L. 86-726, § 4, Sept. 8, 1960, 74 Stat. 856, substituted "Patent and copyright cases" for "Patent cases", in item 1498.

1954 Act Sept. 3, 1954, ch. 1263, § 43, 68 Stat. 1241, added "; actions involving Tennessee Valley Authority" to item 1491, and struck out item 1493.

1949-Act May 24, 1949, ch. 139, § 86, 63 Stat. 102, inserted new item 1505.

CROSS REFERENCES

District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see section 1346 of this title.

Methods of review of cases by Supreme Court, see section 1255 of this title.

Organization of Court of Claims, see chapter 7 of this

title.

Procedure in Court of Claims, see chapter 165 of this

title.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

§ 1491. Claims against United States generally; actions involving Tennessee Valley Authority. The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

Nothing herein shall be construed to give the Court of Claims jurisdiction in suits against, or founded on actions of, the Tennessee Valley Authority, nor to amend or modify the provisions of the Tennessee Valley Authority Act of 1933, as amended, with respect to suits by or against the Authority. (June 25, 1948, ch. 646, 62 Stat. 940; July 28, 1953, ch. 253, § 7, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44 (a), (b), 68 Stat. 1241.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (1) (Mar. 3, 1911, ch. 231; § 145, 36 Stat. 1136). District courts are given concurrent jurisdiction of certain claims against the United States under section 1346 of this title. (See also reviser's note under that section and section 1621 of this title relating to jurisdiction of the Tax Court.)

The proviso in section 250 (1) of title 28, U. S. C., 1940 ed., relating to claims growing out of the Civil War, commonly known as "war claims," and other claims which had been reported adversely before March 3, 1887 by any court, department, or commission authorized to determine them, were omitted as obsolete.

The exception in section 250 (1) of title 28, U. S. C., 1940 ed., as to pension claims appears in section 1501 of this title.

Words "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" were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act, sections 741-752 of title 46, U. S. C., 1940 ed., Shipping, vests exclusive jurisdiction over suits in admiralty against the United States in the district courts. Sanday & Co. v. U. S., 1932, 76 Ct. Cl. 370.

For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see section 114b of Title 41, U. S. C., 1940 ed., Public Contracts. Changes were made in phraseology.

REFERENCES IN TEXT

The Tennessee Valley Authority Act of 1933, as amended, referred to in last paragraph, is classified to chapter 12A of Title 16, Conservation.

AMENDMENTS

1954 Act. Sept. 3, 1954, added "; actions involving Tennessee Valley Authority" to the catchline and altered the form of the first par. to spell out the general jurisdiction of the Court in paragraph form rather than as clauses of the par.

1953-Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims" near beginning of section, and added last par.

CROSS REFERENCES

Admiralty suits against United States, Jurisdiction of district courts, see sections 741 et seq. and 781 et seq. of Title 46, Shipping.

Costs, where United States is party, see section 2412 of this title.

District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see section 1346 of this title. Limitation of actions, see section 2501 of this title. Procedure in Court of Claims, see chapter 165 of this

title.

Railroads, government-aided, action to recover freight withheld, see section 87 of Title 45, Railroads.

Tax Court jurisdiction, see section 7441 et seq. of Title 26, Internal Revenue Code.

Tennessee Valley Authority, use of patents by, see section 831r of Title 16, Conservation.

Tort claims against United States, appellate jurisdiction of Court of Claims, see section 1504 of this title.

War contracts, jurisdiction and procedure to enforce termination claim, see sections 113, 114 of Title 41, Public Contracts.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

§ 1492. Congressional reference cases.

The Court of Claims shall have jurisdiction to report to either House of Congress on any bill referred to the court by such House, except a bill for a pension, and to render judgment if the claim against the United States represented by the referred bill is one over which the court has jurisdiction under other Acts of Congress. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 257 (Mar. 3, 1911, ch. 231, § 151, 36 Stat. 1138). This section contains only the jurisdictional provision of section 257 of title 28, U. S. C., 1940 ed. The procedural provisions are incorporated in section 2509 of this title.

Changes were made in phraseology.

CROSS REFERENCES

Procedure in congressional reference cases, see section 2509 of this title.

§ 1493. Repealed. July 28, 1953, ch. 253, § 8, 67 Stat. 226. Section, act June 25, 1948, ch. 646, 62 Stat. 941, authorized the Court of Claims to give legal advice to the heads of executive departments in matters referred to it by the heads, if the Court had jurisdiction over the matters.

§ 1494. Accounts of officers, agents or contractors.

The Court of Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representative of any such officer, agent or contractor, and to render judgment thereon, where—

(1) claimant or the person he represents has applied to the proper department of the Government for settlement of the account;

(2) three years have elapsed from the date of such application without settlement; and

(3) no suit upon the same has been brought by the United States.

(June 25, 1948, ch. 646, 62 Stat. 941; July 28, 1953, ch. 253, § 9, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 44 (c), 68 Stat. 1242.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 287 (Mar. 3, 1911, ch. 231, § 180, 36 Stat. 1141; Feb. 13, 1925, ch. 229, § 3, 43 Stat. 939).

Only the jurisdictional provisions of section 287 of title 28, U. S. C., 1940 ed., are contained in this section. The procedural provisions are incorporated in section 2511 of this title.

Changes were made in phraseology.

AMENDMENTS

1954 -Act Sept. 3, 1954, eliminated "United States" from name of Court of Claims.

1953-Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims", inserted "to or from" after "due", and inserted "and to render judgment thereon," all in opening par.

CROSS REFERENCES

Procedure on accounts of officers, agents, or contractors, see section 2511 of this title.

§ 1495. Damages for unjust conviction and imprisonment; claim against United States.

The Court of Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 729 of title 18, U. S. C., 1940 ed., Crimes and Criminal Procedure (May 24, 1938, ch. 266, §§ 1-4, 52 Stat. 438).

Only the jurisdictional provision of section 729 of title 18, U. S. C., 1940 ed., appears in this section. The remainder is incorporated in section 2513 of this title. Changes were made in phraseology.

CROSS REFERENCES

Procedure on claims for damages for unjust conviction and imprisonment, see section 2513 of this title. § 1496. Disbursing officers' claims.

The Court of Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (3) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

Words "paymaster, quartermaster, commissary of subsistence, or other," preceding "disbursing officer of the United States," were omitted. See Henderson v. United States, 1907, 42 Ct. Cl. 449 and Hobbs v. United States, 1881, 17 Ct. Cl. 189, holding that the term "other disbursing officer" extends to any disbursing officer of the executive departments of the Government.

Words "by capture or otherwise" were omitted as surplusage.

Words "and for which such officer was and is held responsible," at the end of section 250 (3) of title 28, U. 8. C., 1940 ed., were omitted as surplusage. Changes were made in phraseology.

CROSS REFERENCES

Allowance of credit in settlement of disbursing officers' accounts, see section 2512 of this title.

§ 1497. Oyster growers, damages from dredging operations.

The Court of Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 941.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250a (Aug. 30, 1935, ch. 831, § 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553).

The proviso at the end of section 250a of title 28, U. S. C., 1940 ed., is incorporated in section 2501 of this title.

Words "river and harbor improvements" were substituted for "such improvements", in view of Dixon v.