Volume 50 · 838
Public Law 75–820
To amend the Act entitled “An Act conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey”, approved July 23, 1935.
Approved August 26, 1937
Statutory text
AN ACT
To amend the Act entitled “An Act conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey”, approved July 23, 1935.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act entitled “An Act conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey”, approved July 23, 1935, be amended to read as follows:
“That jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey, against the United States upon its merits and according to the equities of the case with a view of reimbursing the claimant for money expended in 1918, 1919, and 1920 by the city of Perth Amboy, New Jersey, growing out of an agreement, formal or informal, with the United States to extend the city’s water system for the purpose of supplying water to the Raritan Arsenal and Colonia Base Hospital. Numbered 2, less the present estimated value of the equipment installed under such agreement.
“Sec. 2.
That the suit heretofore instituted under the Act of which this is amendatory, by the city of Perth Amboy, New Jersey, against the United States in the Court of Claims, numbered 43325 shall proceed under this Act, notwithstanding any lapse of time, laches,
Water facilities.
or any statute of limitations or any defense, except that said city shall be required to give sufficient assurance to the United States satisfactory to the Secretary of War that it will preserve the facilities for furnishing water on account of which this claim is made and will not destroy or render them unfit or ineffective for use except
Evidence allowed.
with the consent of the Secretary of War. Official letters, papers, documents, and public records or certified copies thereof from the files and records of the United States relating to the subject matter in controversy in said suit may be used in evidence by either party.
Procedure, appeal, etc.
Proceedings for the determination of such claim, and appeals from and payment of any judgment thereon, shall be in the same manner as in the case of claims over which such court has jurisdiction under
section 145 of the Judicial Code, as amended.”
Approved, August 26, 1937.