authorized to tender by check payment of any such judgment, with interest as herein provided, at any time after such judgment becomes final, whether or not a claim for such payment has been duly filed, and such tender shall stop the running of interest, whether or not such refund check is accepted by the judgment creditor. (b) Except as otherwise provided in subsection (a) of this section, on all final judgments rendered against the United States in actions instituted under section 1346 of this title, interest shall be computed at the rate of 4 per centum per annum from the date of the judgment up to, but not exceeding, thirty days after the date of approval of any appropriation Act providing for payment of the judgment. (June 25, 1948, ch. 646, 63 Stat. 973; May 24, 1949, ch. 139, § 120, 63 Stat. 106.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 765, 931 (a), 932, Mar. 3, 1887, ch. 359, § 10, 24 Stat. 507; Feb. 13, 1925, ch. 229, § 8, 43 Stat. 940; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Aug. 2, 1946, ch. 753, §§ 410 (a), 411, 60 Stat. 843, 844). Section consolidates section 765 with provisions of sections 931 (a) and 932, all of title 28, U. S. C., 1940 ed., relating to interest on judgments, the latter two sections being applicable to judgments in tort claims cases. For other provisions of said sections 931 (a) and 932, see Distribution Table. Said section 932 made the provisions of said section 765 applicable to such judgments, therefore the provisions of said section 931 (a) that "the United States shall not be liable for interest prior to judgment" was omitted as covered by the language of said section 765 providing that interest shall be computed from the date of the judgment. Provisions of section 765 of title 28, U. S. C., 1940 ed., that when the findings of fact and the law applicable thereto have been filed in any case as provided in "section 763" [764] of title 28, U. S. C., 1940 ed., and the judgment or decree is adverse to the Government, it shall be the duty of the district attorney to transmit to the Attorney General of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the written findings of the court, and his written opinion as to the same, that, whereupon, the Attorney General shall determine and direct whether an appeal shall be taken or not, and that, when so directed, the district attorney shall cause an appeal to be perfected in accordance with the terms of the statutes and rules of practice governing the same were omitted as unnecessary and covered by section 507 of this title which provides for supervision of United States attorneys by the Attorney General. Words of section 765 of title 28, U. S. C., 1940 ed., "Until the time when an appropriation is made for the payment of the judgment or decree" were omitted and words "up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment" were substituted. Substituted words clarify meaning and are in accord with congressional procedure in annual deficiency appropriation acts for payment of judgments against the United States. The substituted words will obviate necessity of repeating such provisions in appropriation acts. Changes were made in phraseology. AMENDMENTS 1949-Act May 24, 1949, restored provisions relating to payment of interest on tax refunds. § 2412. Costs. (a) The United States shall be liable for fees and costs only when such liability is expressly provided for by Act of Congress. (b) In an action under subsection (a) of section 1346 or section 1491 of this title, if the United States puts in issue plaintiff's right to recover, the district court or Court of Claims may allow costs to the prevailing party from the time of joining such issue. Such costs shall include only those actually incurred for witnesses and fees paid to the clerk. (c) In an action under subsection (b) of section 1346 of this title, costs shall be allowed in all courts to the successful claimant, but such costs shall not include attorneys' fees. (June 25, 1948, ch. 636, 62 Stat. 973.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 258, 931 (a) (Mar. 3, 1911, ch. 231, § 152, 36 Stat. 1138; Aug. 2, 1946, ch. 753, § 410 (a), 60 Stat. 843). Section consolidates the last sentence of section 931 (a) of title 28, U. S. C., 1940 ed., with section 258 of said title 28. For other provisions of said section 931 (a), see Distribution Table. Subsection (a) is new. It follows the well-known common-law rule that a sovereign is not liable for costs unless specific provision for such liability is made by law. This is a corollary to the rule that a sovereign cannot be sued without its consent. Many enactments of Congress relating to fees and costs contain specific exceptions as to the liability of the United States. (See, for example, section 548 of title 28, U. S. C., 1940 ed.) A uniform rule, embodied in this section, will make such specific exceptions unnecessary. Subsection (b) incorporates section 258 of title 28, U. S. C., 1940 ed. Subsection (c) incorporates the costs provisions of section 931 (a) of title 28, U. S. C., 1940 ed. Words "and for summoning the same," after "witnesses," were omitted from subsection (b) as covered by "those actually incurred for witnesses." Changes were made in phraseology. FEDERAL RULES OF CIVIL PROCEDURE Liability of United States for costs, see rule 54 (d), Appendix to this title. § 2413. Executions in favor of United States. A writ of execution on a judgment obtained for the use of the United States in any court thereof shall be issued from and made returnable to the court which rendered the judgment, but may be executed in any other State, in any Territory, or in the District of Columbia. (June 25, 1948, ch. 646, 62 Stat. 974.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 839 (R. S. § 986). Words "or in the District of Columbia" were added on the authority of 14 Op. Atty. Gen. 384, declaring that, under this section, a writ of execution in favor of the United States, obtained from a Federal court in any State, could be executed in the District of Columbia. (See, also, section 1963 of this title.) Changes in phraseology were made. § 2414. Payment of judgments and compromise settlements. Payment of final judgments rendered by a district court against the United States shall be made on settlements by the General Accounting Office. Payment of final judgments rendered by a State or foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the General Accounting Office after certification by the Attorney General that it is in the interest of the United States to pay the same. Whenever the Attorney General determines that no appeal shall be taken from a judgment or that no further review will be sought from a decision affirm ing the same, he shall so certify and the judgment shall be deemed final. Except as otherwise provided by law, compromise settlements of claims referred to the Attorney General for defense of imminent litigation or suits against the United States, or against its agencies or officials upon obligations or liabilities of the United States, made by the Attorney General or any person authorized by him, shall be settled and paid in a manner similar to judgments in like causes and appropriations or funds available for the payment of such judgments are hereby made available for the payment of such compromise settlements. (June 25, 1948, ch. 646, 62 Stat. 974; Aug. 30, 1961, Pub. L. 87-187, § 1, 75 Stat. 415.) LEGISLATIVE HISTORY Reviser's Note.-Based on section 228 of title 31, U. S. C., 1940 ed., Money and Finance (Feb. 18, 1904, ch. 160, § 1, 33 Stat. 41; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Similar provisions of section 228 of title 31, U. S. C., 1940 ed., relating to judgments of the court of claims are incorporated in section 2517 of this title. The second paragraph was added to make clear that the payment of judgments not appealed may be expedited by certificate to that effect. Changes were made in phraseology. (a) Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. (b) Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. (June 25, 1948, ch. 646, 62 Stat. 974.) LEGISLATIVE HISTORY Reviser's Note. Subsection (a) was drafted to clarify a serious ambiguity in existing law and is based upon rulings of the Supreme Court. Numerous sections in the United States Code prescribe civil fines, penalties, and pecuniary forfeitures for violation of certain sections without specifying the mode of recovery or enforcement thereof. See, for example, section 567 of title 12, U. S. C., 1940 ed., Banks and Banking, section 64 of title 14, U. S. C., 1940 ed., Coast Guard, and section 180 of title 25, U. S. C., 1940 ed., Indians. Compare section 1 (21) of title 49, U. S. C., 1940 ed., Transportation. A civil fine, penalty, or pecuniary forfeiture is recoverable in a civil action. United States ex rel. Marcus v. Hess et al., 1943, 63 S. Ct. 379, 317 U. S. 537, 87 L. Ed. 443, rehearing denied 63 S. Ct. 756, 318 U. S. 799, 87 L. Ed. 1163; Hepner v. United States, 1909, 29 S. Ct. 474, 213 U. S. 103, 53 L. Ed. 720, and cases cited therein. Forfeiture of bail bonds in criminal cases are enforceable by procedure set out in Rule 46 of the Federal Rules of Criminal Procedure. If the statute contemplates a criminal fine, it can only be recovered in a criminal proceeding under the Federal Rules of Criminal Procedure, after a conviction. The collection of civil fines and penalties, however, may not be had under the Federal Rules of Criminal Procedure, Rule 54 (b) (5), but enforcement of a criminal fine imposed in a criminal case may be had by execution on the judgment rendered in such case, as in civil actions. (See section 569 of title 18, U. S. C., 1940 ed., Crimes and Criminal Procedure, incorporated in section 3565 of H. R. 1600, 80th Congress, for revision of the Criminal Code. See also Rule 69 of Federal Rules of Civil Procedure and Advisory Committee Note thereunder, as to execution in civil actions.) Subsection (b) was drafted to cover the subject of forfeiture of property generally. Sections in the United States Code specifically providing a mode of enforcement of forfeiture of property for their violation and other procedural matters will, of course, govern and subsection (b) will not affect them. It will only cover cases where no mode of recovery is prescribed. Words "Unless otherwise provided by enactment of . Congress" were inserted at the beginning of subsection (b) to exclude from its application instances where a libel in admiralty is not required. For example, under sections 1607, 1609, and 1610 of title 19, U. S. C., 1940 ed., Customs Duties, the collector of customs may, by summary procedure, sell at public auction, without previous declaration of forfeiture or libel proceedings, any vessel, etc., under $1,000 in value in cases where no claim for the same is filed or bond given as required by customs laws. Rule 81 of the Federal Rules of Civil Procedure makes such rules applicable to the appeals in cases of seizures on land. (See also 443 Cans of Frozen Egg Product v. United States, 1912, 33 S. Ct. 50, 226 U. S. 172, 57 L. Ed. 174, and Eureka Productions v. Mulligan, C. C. A. 1940, 108 F. 2d 760.) The proceeding, which resembles a suit in admiralty in that it is begun by a libel, is, strictly speaking, an "action at law" (The Sarah, 1823, 8 Wheat. 391, 21 U. S. 391, 5 L. Ed. 644; Morris's Cotton, 1869, 8 Wall. 507, 75 U. S. 507, 19 L. Ed. 481; Confiscation cases, 1873, 20 Wall. 92, 87 U. S. 92, 22 L. Ed. 320; Eureka Productions v. Mulligan, supra), even though the statute may direct that the proceedings conform to admiralty as near as may be. In re Graham, 1870, 10 Wall. 541, 19 L. Ed. 981, and 443 Cans of Frozen Egg Product v. United States, supra. Subsection (b) is in conformity with Rule 21 of the Supreme Court Admiralty Rules, which recognizes that a libel may be filed upon seizure for any breach of any enactment of Congress, whether on land or on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States. Such rule also permits an information to be filed, but is rarely, if ever, used at present. Consequently, "information" has been omitted from the text and only "libel" is incorporated. § 2462. Time for commencing proceedings. Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon. (June 25, 1948, ch. 646, 62 Stat. 974.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 791 (R. S. § 1047). Changes were made in phraseology. § 2463. Property taken under revenue law not repleviable. All property taken or detained under any revenue law of the United States shall not be repleviable, but shall be deemed to be in the custody of the law and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. (June 25, 1948, ch. 646, 62 Stat. 974.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 747 (R. S. § 934). Changes were made in phraseology. § 2464. Security; special bond. (a) Except in cases of seizures for forfeiture under any law of the United States, whenever a warrant of arrest or other process in rem is issued in any admiralty case, the United States marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the respondent or claimant of the property a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge of the district court where the case is pending, or, in his absence, by the collector of the port, conditioned to answer the decree of the court in such case. Such bond or stipulation shall be returned to the court, and judgment or decree thereon. against both the principal and sureties, may b secured at the time of rendering the decree in the original case. The owner of any vessel may delive to the marshal a bond or stipulation, with sufficient surety, to be approved by the judge of the district court, conditioned to answer the decree of such court in all or any cases that are brought thereafter in such court against the vessel. Thereupon the execution of all such process against such vessel shall be stayed so long as the amount secured by such bond or stipulation is at least double the aggregate amount claimed by libellants in such suits which are begun and pending against such vessel. Similar judgments or decrees and remedies may be had on such bond or stipulation as if a special bond or stipulation had been filed in each of such suits. (b) The court may make necessary orders to carry this section into effect, particularly in giving proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits wherein process is so stayed. Further security may be required by the court at any time. fix the amount, but if not so fixed then a bond shall be required in the amount prescribed in this section. (June 25, 1948, ch. 646, 62 Stat. 974.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 754 (R. S. § 941; Mar. 3, 1899, ch. 441, 30 Stat. 1354; Aug. 3, 1935, ch. 431, § 3, 49 Stat. 513). Changes were made in phraseology. § 2465. Return of property to claimant; certificate of reasonable cause; liability for wrongful seizure. Upon the entry of judgment for the claimant in any proceeding to condemn or forfeit property seized under any Act of Congress, such property shall be returned forthwith to the claimant or his agent; but if it appears that there was reasonable cause for the seizure, the court shall cause a proper certificate thereof to be entered and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judgment on account of such suit or prosecution. (June 25, 1948, ch. 646, 62 Stat. 975.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 818, 827 (R. S. §§ 970, 979). Section consolidates sections 818 and 827 of title 28, U. S. C., 1940 ed., with changes of phraseology necessary to effect the consolidation. The words "in any proceeding to condemn or forfeit property" were inserted in conformity with the uniform course of judicial decisions. See Hammel v. Little, App. D. C. 1936, 87 F. 2d 907. and cases there cited. The qualifying language of section 827 of title 28, U. S. C., 1940 ed., requiring the claimant to pay his own costs before the return of his property was omitted as unnecessary and involving a matter more properly for regulation by rule of court. (See sections 1913, 1914, and 1925 of this title.) (See also section 2006 of this title with respect to actions against internal revenue officers and their liability for acts in the performance of official duties.) 2520. 2521. Interest on claims and judgments.. Certification of judgments for appropriation. Conclusiveness of judgment. Fees; cost of printing record. AMENDMENTS 1954-Act Sept. 3, 1954, ch. 1263, §§ 46, 54 (c), 55 (d), 59 (b), 68 Stat. 1243, 1247, 1248, substituted "Trial before judges" for "Place of taking evidence" in item 2505, and "Calls and discovery," for "Calls on departments for information" in item 2507, rephrased item 2510, and added item 2521. 1 So in original. Does not conform to section catchline. § 2501. Time for filing suit. Every claim of which the Court of Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues. Every claim under section 1497 of this title shall be barred unless the petition thereon is filed within two years after the termination of the river and harbor improvements operations on which the claim is based. A petition on the claim of a person under legal disability or beyond the seas at the time the claim accrues may be filed within three years after the disability ceases. A suit for the fees of an officer of the United States shall not be filed until his account for such fees has been finally acted upon, unless the General Accounting Office fails to act within six months after receiving the account. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 52, 68 Stat. 1246.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 250 (2), 250a, and 262 (Mar. 3, 1911, ch. 231, §§ 145, 156, 36 Stat. 1136, 1139; June 10, 1921, ch. 18, § 304, 42 Stat. 24; Aug. 30, 1935, ch. 831, § 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553). Section consolidates limitation provisions of sections 250 (2), 250a, and 262 of title 28, U. S. C., 1940 ed. Words "a person under legal disability or beyond the seas at the time the claim accrues" were substituted for "married women first accrued during marriage, of persons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued; entitled to the claim,". The revised language will cover all legal disabilities actually barring suit. For example, the particular reference to married women is archaic, and is eliminated by use of the general language substituted. Words "nor shall any of the said disabilities operate cumulatively" were omitted, in view of the elimination of the reference to specific disabilities. Also, persons under legal disability could not sue, and their suits should not be barred until they become able to sue. Similar sections of the U. S. Code do not contain any such provision. (For example, see section 502 of title 28, U. S. C., 1940 ed., incorporated in section 544 of this title.) The section was extended to include claims referred by the head of an executive department in conformity with section 2510 of this title. AMENDMENTS 1954 Act Sept. 3, 1954, eliminated ", or the claim is referred by the Senate or House of Representatives, or by the head of an executive department" in the first par. CROSS REFERENCES Use or manufacture by United States of design relating to aircraft or aircraft component, time for filing action, see section 2273 of Title 10, Armed Forces. § 2502. Aliens' privilege to sue. Citizens or subjects of any foreign government which accords to citizens of the United States the right to prosecute claims against their government in its courts may sue the United States in the Court of Claims if the subject matter of the suit is otherwise within such court's jurisdiction. (June 25, 1948, ch. 646, 62 Stat. 976.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 261 (Mar. 3, 1911, ch. 231, § 155, 36 Stat. 1139). Changes were made in phraseology. § 2503. Proceedings before commissioners generally. (a) Parties to any suit in the Court of Claims may appear before a commissioner in person or by attorney, produce evidence and examine witnesses. In accordance with rules and orders of the court, commissioners shall fix times for trials, administer oaths or affirmations to and examine witnesses, receive evidence and report findings of fact and, when directed by the court, their recommendations for conclusions of law in cases assigned to them. Hearings shall, if convenient, be held in the counties where the witnesses reside. (b) The rules of the court shall provide for the filing in court of the commissioner's report of facts and recommendations for conclusions of law, and for opportunity for the parties to file exceptions thereto, and a hearing thereon before the court within a reasonable time. This section shall not prevent the court from passing upon all questions and findings regardless of whether exceptions were taken before a commissioner. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 53, 68 Stat. 1246.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 269, 276, and 278 (Mar. 3, 1911, ch. 231, §§ 168, 170, 36 Stat. 1140; Feb. 24, 1925, ch. 301, § 1, 43 Stat. 964; June 23, 1930, ch. 573, § 2, 46 Stat. 799). Section consolidates provisions relating to proceedings before commissioners and reporter-commissioners contained in sections 269, 276, and 278 of title 28, U. S. C., 1940 ed. Provisions of section 269 of title 28, U. S. C., 1940 ed., relating to appointment and compensation of commissioners are incorporated in section 792 of this title. Words "including reporter-commissioners" after "commissioners" were inserted to clarify meaning and conform to Rule 54 (a) of the Court of Claims authorizing oaths before reporter-commissioners. Changes were made in phraseology. SENATE REVISION AMENDMENT For Senate amendment to this section, see 80th Congress Senate Report No. 1559, amendment No. 50. AMENDMENTS 1954-Act Sept. 3, 1954, designated former first par. subsec. (a), and former second par. subsec. (b), and incorporated in one place provisions relating to function of Commissioners. § 2504. Plaintiff's testimony. The Court of Claims may, at the instance of the Attorney General, order any plaintiff to appear, upon reasonable notice, before any commissioner of the court and be examined on oath as to all matters pertaining to his claim. Such examination shall be reduced to writing by the commissioner, and shall be returned to and filed in the court, and may, at the discretion of the attorneys for the United States, be read and used as evidence on the trial. If any plaintiff, after such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all material matters within his knowledge, the court may order that the case shall not be tried until he fully complies with such order. (June 25, 1948, ch. 646, 62 Stat. 976.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 274 (Mar. 3, 1911, ch. 231, § 166, 36 Stat. 1140). Words "Attorney General" were substituted for "attorney or solicitor appearing in behalf of the United States," in view of section 309 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees. Changes were made in phraseology. § 2505. Trial before judges. Any judge of the Court of Claims may sit at any place within the United States to take evidence and report findings. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 54 (a), (b), 68 Stat. 1246.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 275 and 275a (Mar. 3, 1911, ch. 231, § 167, 36 Stat. 1140; Feb. 24, 1925, ch. 301, § 2, 43 Stat. 965; June 23, 1930, ch. 573, § 1, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat. 741). Changes were made in phraseology. AMENDMENTS 1954-Act Sept. 3, 1954, replaced catchline reading "Place of taking evidence" with present one, and repealed second par. relating to taking of testimony. § 2506. Interest of witness. A witness in a suit in the Court of Claims shall not be exempt or disqualified because he is a party to or interested in such suit. (June 25, 1948, ch. 646, 62 Stat. 977.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 274 (Mar. 3, 1911, ch. 231, § 186, 36 Stat. 1143; Feb. 5, 1912, ch. 28, 37 Stat. 61). A provision that a witness should not be disqualified by color was omitted as obsolete and unnecessary, since no such disqualification could be invoked in absence of statutory authority. A provision that the United States could examine any plaintiff or party interested is covered by the word "exempt" in the revised section, and by section 2504 of this title. Changes were made in phraseology. § 2507. Calls and discovery. (a) The Court of Claims may call upon any department or agency of the United States or upon any party for any information or papers, not privileged, for purposes of discovery or for use as evidence. The head of any department or agency may refuse to comply with a call issued pursuant to this subsection when, in his opinion, compliance will be injurious to the public interest. (b) Without limitation on account of anything contained in subsection (a) of this section, the court may, in accordance with its rules, provide additional means for the discovery of any relevant facts, books, papers, documents or tangible things, not privileged. (c) The Court of Claims may use all recorded and printed reports made by the committees of the Senate or House of Representatives. (June 25, 1948, ch. 646, 62 Stat. 977; Sept. 3, 1954, ch. 1263, § 55 (a)-(c), 68 Stat. 1247.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 272 (Mar. 3, 1911, ch. 231, § 164, 36 Stat. 1140). Words "or agency" were added. (See reviser's note under section 1345 of this title.) Changes were made in phraseology. AMENDMENTS 1954-Act Sept. 3, 1954, substituted "Calls and discovery" for "Calls on departments for information" in the catchline, designated as subsec. (a) the entire former section and added subsecs. (b) and (c). 36-500 0-65-vol. 7-15 § 2508. Counterclaim or set-off; registration of judg ment. Upon the trial of any suit in the Court of Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff. If upon the whole case it finds that the plaintiff is indebted to the United States it shall render judgment to that effect, and such judgment shall be final and reviewable. The transcript of such judgment, filed in the clerk's office of any district court, shall be entered upon the records and shall be enforceable as other judgments. (June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, § 10, 67 Stat. 227; Sept. 3, 1954, ch. 1263, § 47 (a), 68 Stat. 1243.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 252 (Mar. 3, 1911, ch. 231, § 146, 36 Stat. 1137). Changes were made in phraseology. AMENDMENTS 1954 Act Sept. 3, 1954, eliminated "United States" from name of Court of Claims in the first par. 1953-Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims" in first paragraph, and substituted "shall be enforceable as other judgments" for "be a judgment of such district court and enforceable as such" in third paragraph. § 2509. Congressional reference cases. Whenever any bill, except for a pension, is referred to the Court of Claims by either House of Congress, such court shall proceed with the same in accordance with its rules and report to such House, the facts in the case, including facts relating to delay or laches, facts bearing upon the question whether the bar of any statute of limitation should be removed, or facts claimed to excuse the claimant for not having resorted to any established legal remedy. The court shall also report conclusions sufficient to inform Congress whether the demand is a legal or equitable claim or a gratuity, and the amount, if any, legally or equitably due from the United States to the claimant. (June 25, 1948, ch. 646, 62 Stat. 977.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 257 (Mar. 3, 1911, ch. 231, § 151, 36 Stat. 1138). Jurisdiction provisions of section 257 of title 28, U. S. C., 1940 ed., appear in section 1492 of this title. A provision as to the court's power to render Judgment on a referred claim and its duty to report thereon to Congress, was omitted from this section as covered by sections 791 (c) and 1492 of this title. Changes were made in phraseology. § 2510. Referral of cases by Comptroller General. The Comptroller General may transmit to the Court of Claims for trial and adjudication any claim or matter of which the Court of Claims might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto. The Court of Claims shall proceed with the claims or matters so referred as in other cases pending in such court and shall render judgment thereon. |