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Page:United States Statutes at Large Volume 61 Part 1.djvu/746

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PUBLIC LAWS-CHS. 445, 446 -AUG. 1, 1947 August 1, 1947 [H. R . 3690] [Public Law 324] 60 Stat. 843. 28U.S . C . 931(a). Jurisdiction of dis- trict courts. Liability of U. 8. Costs. Effective date. 60 Stat. 845 . 28 U.S.C. 942. were produced on another farm, the acreage allotments next established for both such farms shall be reduced by that percentage which such amount was of the respective farm marketing quotas, except that such reduction for any such farm shall not be made if the Secretary through the local committees finds that no person connected with such farm caused, aided, or acquiesced in such marketing; and if proof of the disposition of any amount of peanuts is not furnished as required by the Secretary, the acreage allotment next established for the farm on which such peanuts are produced shall be reduced by a percentage similarly computed." (3) By striking subsection (b) and redesignating subsections (c), (d), (e), (f), and (g), as subsections (b), (c), (d), (e), and (f), respectively. Approved August 1, 1947. [CHAPTER 446] AN ACT To amend the Federal Tort Claims Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 410 (a) of the Federal Tort Claims Act (Public Law 601, Seventy-ninth Con- gress, title IV) is hereby amended so that it shall read as follows: "SEC. 410. (a) Subject to the provisions of this title, the United States district court for the district wherein the plaintiff is resident or wherein the act or omission complained of occurred, including the United States district courts for the Territories and possessions of the United States, sitting without a jury, shall have exclusive juris- diction to hear, determine, and render judgment on any claim against the United States, for money only, accruing on and after January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred. Subject to the provi- sions of this title, the United States shall be liable in respect of such claims, to the same claimants, in the same manner, and to the same extent, as a private individual under like circumstances, except that the United States shall not be liable for interest prior to judgment, or for punitive damages: Provided, however, That in any case wherein death was caused, where the law of the place where the act or omission complained of occurred, provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons, respectively, for whose benefit the action was brought, in lieu thereof. Costs shall be allowed in all courts to the successful claimant to the same extent as if the United States were a private litigant, except that such costs shall not include attorneys' fees." SEC. 2 . This Act shall take effect as of August 2, 1946, and, notwith- standing the provisions of section 420 of the Federal Tort Claims Act, no claim which accrued on or after January 1, 1945, and prior to the date of enactment of this Act on account of death caused by the negligent or wrongful act or omission of any employee of the Gov- 722 [61 STAT.