Page:United States Statutes at Large Volume 56 Part 2.djvu/46

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56 STAT.] 77TH CONG. , 2 D SESS.-CHS. 122 ,125 ,131 - Mr 37, 1942 Mar. 8, 4, 1942 caved-in spaces with dry packing and grout, as directed by the con- tracting officer, the amount of dry packing to be determined by the liquid method as described by the court and based on the volume of grout actually used, and the amount of grout to be as determined by the court's previous findings based on the number of bags of cement used in the grout actually pumped into the dry packing. SEC. 3 . Any suit brought under the provisions of this Act shall be instituted within one year from the date of the approval hereof, and the court shall consider as evidence in such suit any or all evi- dence heretofore taken by either party in the case of Allen Pope against the United States, numbered K-366, in the Court of Claims, together with any additional evidence which may be taken. SEC. 4 . From any decision or judgment rendered in any suit presented under the authority of this Act, a writ of certiorari to the Supreme Court of the United States may be applied for by either party thereto, as is provided by law in other cases. Approved, February 27, 1942. [CHAPTER 125] AN ACT For the relief of the estate of Charles D. Talbert, deceased. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to the estate of Charles D. Talbert, deceased, in full settlement of all claims against the United States. Such sum repre- sents damages on account of the death of Staff Sergeant Charles D. Talbert, Army serial number 6787170, Headquarters Company, Third Battalion, Sixty-sixth Regiment United States Infantry, on April 19, 1939, at Fort Devens, Massachusetts, who was killed by a blast of dynamite negligently set off by employees of the War Department: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved, March 3, 1942. [CHAPTER 131] AN ACT For the relief of Richard Bove. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Richard Bove, New York City, New York, the sum of $400. The payment of such sum represents reimbursement for the loss sustained by the said Richard Bove as surety on a bond conditioned upon the departure from the United States of the alien Carlo Bove. By reason of the failure of the said Carlo Bove to depart in accordance with the terms of the bond, such bond was forfeited and the amount of the bond was covered into the Treasury of the United States. The said Carlo Bove was deported from the port of New York, New York, on February 17, 1940: Provided, That no part of the amount appropri- ated in this Act in excess of 10 per centum thereof shall be paid or 1123 Institution of suit. Writ of certiorari. March 3, 1942 [H. R. 793] [Private Law 307] Charles D. Talbert. Payment to estate of. Proveio. March 4, 1942 [H. R.691] [Private Law 3081 Richard Bove. Payment to. Prmua