Volume 48 · 1386
Private Law 73–499
Conferring Jurisdiction upon the Court of Claims of the United States to hear, consider, and render judgment on certain claims of George A. Carden and Anderson T. Herd against the United States.
Approved June 13, 1934
Statutory text
AN ACT
Conferring Jurisdiction upon the Court of Claims of the United States to hear, consider, and render judgment on certain claims of George A. Carden and Anderson T. Herd against the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That jurisdiction is hereby conferred upon the Court of Claims of the United States, notwithstanding lapse of time or any statute of limitations, or other limitations upon the jurisdiction of such court, to hear, consider, and render judgment upon any claims, legal or equitable, of George A. Carden and Anderson T. Herd, or their legal representatives, against the United States, involving the steamships Erny, Lucia, Anna, Teresa, Clara, Ida, Dora, Himalaia, Franconia, and
Provisos.
Allowance for sums paid.
Campania: Provided, That in determining the amount of any judgment on any such claim, allowance shall be made for any amount heretofore awarded the claimants on account of such claim:
Separate suits may be maintained.
Provided further, That separate suits may be maintained (by or on behalf of the claimants or their legal representatives) with respect to any of such
Entry of, within one year.
claims, but no suit shall be brought after the expiration of one year from the date of the enactment of this Act: And provided further, That the record of the proceedings before the War Department
Evidence hitherto taken may be introduced.
heretofore had with respect to certain of such ships and the evidence there taken may be introduced, together with the exhibits therein offered, before the Court of Claims, with the full force of depositions, subject to objections as to competency and relevancy:
Recovery, if contract of sale included operation of ships.
Provided further, That if the Court of Claims shall upon the evidence reach the conclusion that the contract of sale included any right to the operation of the ships and that such right was not satisfied by the subsequent payment by the Secretary of War as an accord and satisfaction then the recovery shall be limited to the duration of the World War.
Approved, June 13, 1934.