Retiring board, 369. In case of an officer of the Marine Corps, the retir composition. 42, s. 17, v. 12, p. 289. Aug. 3, 1861, c. ing board shall be selected by the Secretary of the Navy, under the direction of the President. Two-fifths of the Sec. 1623, B. S. board shall be selected from the Medical Corps of the Navy and the remainder shall be selected from officers of the Marine Corps, senior in rank, so far as may be, to the officer whose disability is to be inquired of. TRANSFERS. Transfers from military to naval service. 342. Sec. 1421, R. S. 370. Any person enlisted in the military service of the United States may, on application to the Navy Department, July 1, 1864, c. 201, s. 1, v. 13, p. approved by the President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of the military law. Officers of the Navy may be detailed for service DETAILS OF NAVAL OFFICERS. 371. The President may detail, temporarily, three compeof the War De- tent naval officers for the service of the War Department Feb. 12, 1862, c. in the inspection of transport vessels, and for such other Sec. 1437, R. S. Services as may be designated by the Secretary of War. partment. 21, v. 12, p. 333. Establishment of Department of 372. There shall be at the seat of Government an Executive Department to be known as the Department of the Interior. the Interior, and a Secretary of the Interior, who shall be 108, s. 1, v. 9, p. the head thereof. 373. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects: First. The census; when directed by law. Fourth. Pensions and bounty lands. Fifth. Patents for inventions. Sixth. The custody and distribution of publications. Eighth. Government Hospital for the Insane. THE GENERAL LAND OFFICE. Mar. 3, 1849, c. 395. Sec. 437, R. S. Duties of Sec- retary. 108, ss. 3, 5, 6, 7, 8, 9, v. 9. p. 395; July 8, 1870,c.230, s. 1, v. 16. p. 198; Feb. 5, 1859, c. 22, 8. 1, v.11, p. 379; July 20, 1868, c. 176, 1, v. 15, pp. 92, 106. Sec. 441, R. S. Powers of Sec retary. Mar 1, 1973, c. 217, v. 17, p 484. Sec. 442, R. S. I Commissioner of the General 378. Returns and accounts rela The Secretary to the President to 379. Warrants for military lands, sign land patents. 275. Duties of Commissioner. 129 Defense, etc., Parties in in terest may tes tify, etc. Sec. 6, ibid. Reports of Court of Claims the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed. Sec. 4, ibid. 336. That the Attorney-General or his assistants, unde: his direction, shall appear, for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court. Sec. 5, ibid. 337. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. Sec. 6, ibid. 338. That reports of the Court of Claims to Congress may be contin- under this act, if not finally acted upon during the session ued, etc., for action. at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. Sec. 7, ibid. Sec. 7, ibid. Suits against the Government. Jurisdiction of Court of Claims. 339. That the Court of Claims shall have jurisdiction to hear and determine the following matters: First. All claims founded upon the Constitution of the R. S., sec. 1058, United States2 or any law of Congress, except for pensions, p. 195. Mar. 3, 1887, v. or upon any regulation of an Executive Department, or 24, p. 505. 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 re- War, and commonly known as "war claims," or to hear and determine other claims, which have heretofore been Proviso. jected claims excepted. 1 Paragraphs 332 to 338, inclusive, constitute the Bowman Act (22 Stat. L., 485), The Clause giving the Court of Claims jurisdiction of claims founded upon the Constitution of the United States gives the court jurisdiction over obligations arising out of the occupation or taking of real property. Stovall e. U.S., 26°C. Cls R.. Y A distinction exists between property used for Government purposes and property destroyed for the public safety. If the conditions admitted of it being acquired by contract and used for the benefit of the Government, it may be regarded as acquired under an implied contract; but if the taking, using, or occupying was in the nature of destruction for the general welfare, or incident to the ravages of war, and whether brought about by casualty or by authority, and whether on hostile or national ter ritory, the loss (in the absence of positive legislation) must be borne by him upon whom it falls. Hetleblower v. U. S., 21 C. Cls. R., 228. 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, Set-offs, counwhether liquidated or unliquidated, or other demands terclaims, etc. whatsoever on the part of the Government of the United States against any claimant against the Government in Limitation. said court: Provided, That no suit against the Government Proviso. District and circuit courts to jurisdiction with limit. Sec. 2, ibid. 340. That the district courts of the United States shall have concurrent jurisdiction with the Court of Claims as have concurrent to all matters named in the preceding section where the Court of Claims; amount of the claim does not exceed one thousand dollars, and the circuit courts of the United States shall have such concurrent jurisdiction in all cases where the amount of such claim exceeds one thousand dollars and does not exceed ten thousand dollars. All causes brought and tried under the provisions of this act shall be tried by the court without a jury. Sec. 2, ibid. 341. That whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer, or agent, or contractor so indebted, or that he, or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States has arisen and exists, and that he or the person he represents has applied to the proper Department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said Department and to the Attorney-General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attor ney-General shall represent the United States at the hearing of said cause. The court may postpone the same from Petitions for release from offi cial bond. Sec. 3, ibid. Judgment. Limitation. Jurisdiction and procedure. Sec. 4, ibid. Petition for settlement of claims. Sec. 5, ibid. Service. Defense. time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court. Unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. Sec. 3, ibid. 342. That the jurisdiction of the respective courts of the United States proceeding under this act, including the right of exception and appeal, shall be governed by the law now in force, in so far as the same is applicable and not inconsistent with the provisions of this act; and the course of procedure shall be in accordance with the established rules of said respective courts, and of such additions and modifications thereof as said courts may adopt. Sec. 4, ibid. 343. That the plaintiff in any suit brought under the provisions of the second section of this act shall file a petition, duly verified with the clerk of the respective court having jurisdiction of the case, and in the district where the plaintiff resides. Such petition shall set forth the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money or any other thing claimed, or the damages sought to be recovered and praying the court for a judgment or decree upon the facts and law. Sec. 5, ibid. 344. That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of the same, by reg. istered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever of the Government |