
    JOHN F. KNOX v. THE UNITED STATES.
    [23 C. Cls. R., 367; 128 U. S. R., 230.]
    
      On the defendants’ Appeal.
    
    A United States commissioner makes out his account, which is approved by the district attorney and presented to the court; .but the court declines to act upon it. The commissioner in Texas keeps a docket of criminal proceedings similar to that prescribed for magistrates by the law of that State before the court orders that one be kept.
    The court below decides:
    The approval of a commissioner’s account by the court, as prescribed by the Act H7th February, 1875 (18 Stat. L., p. 333), is not a necessary prerequisite to payment. If he verifies and presents his account as is required by law, and the court declines to act upon it, his right to compensation can not thereby b'e defeated.
    
      The judgment of the court below is affirmed on the same grounds, and the Supreme Court holds that the Court of Claims has jurisdiction to hear and determine a claim of this character although it was not presented at the Treasury Department, and that a commissioner is not obliged to resort to mandamus to compel a circuit or district court to act upon his account.
   Mr. Justice Miller

delivered the opinion of the Supreme Court November 19, 1888.  