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surface or subsurface values involved, and any settlement or compromise shall be reduced to a separate judgment. The services rendered by the attorney or attorneys in obtaining any judgment shall constitute a separate employment and undertaking involving a single set of services and the court shall award separate compensation for the services rendered in obtaining each separate judgment. Nothing in this Act shall be construed to reduce or increase fees payable to counsel in accordance with their duly approved and executed contracts or to preclude their continued representation in any case until paid; nor, with respect to any judgment hereunder, shall this amendment impair or limit any claim, right, defense, or offset otherwise applicable" (62 Stat. 1228). Approved July 2, 1948.

[PRIVATE LAW 37-81ST CONGRESS]

[CHAPTER 88-1ST SESSION]

[H. R. 595]

AN ACT

To confer jurisdiction upon the Court of Claims to hear, determine; and render judgment upon a certain claim of Harry W. Sharpley, his heirs, administrators, or assigns, 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 to hear, determine, and render judgment upon the claim of Harry W. Sharpley, of Greenbackville, Virginia, his heirs, administrators, or assigns, against the United States for alleged damages caused by the sewage emanating from the naval auxiliary air station, at Chincoteague, Virginia, and the flow of such sewage over and across certain oyster grounds located in Mosquito Creek, Virginia, which grounds had been leased by the said Harry W. Sharpley.

SEC. 2. Proceedings for the determination of said claim shall be had in the same manner as in cases of which said court has jurisdiction under the provisions of section 145 of the Judicial Code, as amended: Provided, That suit hereunder shall be instituted within four months after the enactment of this Act: And provided further, That this Act

shall be construed only to waive the immunity from suit of the Government of the United States with respect to the claim of said Harry W. Sharpley, his heirs, administrators, or assigns, and not otherwise to affect any substantive rights of the parties: And provided further, That nothing in this Act shall be construed as an inference of liability on the part of the United States.

Approved April 22, 1949.

[PUBLIC LAW 55-81ST CONGRESS]
[CHAPTER 92-1ST SESSION]

[H. R. 779]

AN ACT

To amend title 28 of the United States Code to provide additional time for bringing suit against the United States in the case of certain tort claims, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 2401 (b) of title 28 of the United States Code is hereby amended to read as follows: "A tort claim against the United States shall be forever barred unless action is begun within two years after such claim accrues or within one year after the date of enactment of this amendatory sentence, whichever is later, or unless, if it is a claim not exceeding $1,000, it is presented in writing to the appropriate Federal agency within two years after such claim accrues or within one year after the date of enactment of this amendatory sentence, whichever is later."

SEC. 2. (a) Section 1346 (b) of title 28 of the United States Code is hereby amended to read as follows:

"(b) Subject to the provisions of chapter 171 of this title, the district courts, together with the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or 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 in accordance with the law of the place where the act or omission occurred."

(b) The first paragraph of section 2672 of title 28 of the United States Code is hereby amended to read as follows: "The head of each Federal agency, or his designee for the purpose, acting on behalf of the United States, may consider, ascertain, adjust, determine, and settle any claim for money damages of $1,000 or less against the United States accruing on and after January 1, 1945, for injury or loss of property or 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 in accordance with the law of the place where the act or omission occurred" (63 Stat. 62). Approved April 25, 1949.

[PUBLIC LAW 85-81ST CONGRESS]
[CHAPTER 175-1ST SESSION]

[S. 900]

AN ACT

To amend the Commodity Credit Corporation Charter Act, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

*

*

SEC. 5. Section 4 (c) of the Commodity Credit Corporation Charter Act is amended

(a) by inserting in the second sentence thereof after the word "jurisdiction" a comma and the following: "without regard to the amount in controversy,";

(b) by striking out the fourth sentence thereof and inserting in lieu thereof the following: "No suit by or against the Corporation shall be allowed unless (1) it shall have been brought within six years after the right accrued on which suit is brought, or (2) in the event that the person bringing such suit shall have been under legal disability or beyond the seas at the time the right

accrued, the suit shall have been brought within three years after the disability shall have ceased or within six years after the right accrued on which suit is brought, whichever period is longer. The defendant in any suit by or against the Corporation may plead, by way of set-off or counterclaim, any cause of action, whether arising out of the same transaction or not, which would otherwise be barred by such limitation if the claim upon which the defendant's cause of action is based had not been barred prior to the date that the plaintiff's cause of action arose: Provided, That the defendant shall not be awarded a judgment on any such set-off or counterclaim for any amount in excess of the amount of the plaintiff's claim established in the suit."; and

(c) by inserting before the period at the end thereof a comma and the following: "except that (1) any such suit against the United States based upon any claim of the type enumerated in title 28, section 1491, of the United States Code, may be brought in the United States Court of Claims, and (2) no such suit against the United States may be brought in a district court unless such suit might, without regard to the provisions of this Act, be brought in such court".

Approved June 7, 1949.

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