Page:United States Statutes at Large Volume 45 Part 1.djvu/1015

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964 Am endment . May 29, 192 8 . [H.R. 13039.] [Public, No . 585.] World war Veterans' Act Amendments . Vol . 43, p. 1303, amended . U. S. Code, p .1218. Ti me for brin ging suits on insurance claims . Provisos . Time when right accrued . S uspen sion , on denia l of claim by director . Infants, etc. Defects in process, etc . Allowance of another suit . State limitations not applicable . Pending suits in- clude d . Payments to minors, etc . Vol . 44, p. 792, amend- ed. U.S . Code, p .2075 . No tice to c ourt on failure of guardian etc ., to properly execute his duties, etc . Proviso . Suspe nsion of gua rd- ian, etc ., failing to render accounts . Payme nt of court ex- pense s of investiga - ti ons, etc . SEVENTIETH CONGRESS . SEss . I. Cas. 874, 875 . 1928 . and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortg age foreclosu re or otherwis e, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person . SE C. 6 . The right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, May 29, 1928 . CHAP. 875 .-An Act To amend the World War Veterans' Act, 1924 . Be it enacted by the Senate and House of Representatives o f the United States of America in Congress assembled, That section 19 of the World War Veterans' Act, 1924, as amended (section 445, title 38, of the United States Code), be amended by adding the following : " No suit shall be allowed under this section unless the same shall have been brought within six years after the right accrued for which the claim is made, or within one year from the date of the approval of this amendatory Act, whichever is the later date : Provided, That for the purposes of this section it shall be deemed that the right accrued on the happening of the continge ncy on which t he claim is founde d : Pro vided further , That th is limitation is suspended for the period elapsing between the filing in the bureau of the claim sued upon and the denial of said claim by the director . Infants, insane persons, or persons under other legal disability, or persons rated as incompetent or insane by the bureau shall have three years in which to bring suit after the removal of their disabilities . If suit is seasonably begun and fails for defect in process, or for other reasons not affecting the merits, a new action, if one lies, may be brought within a year though the period of limitations has elapsed . Judg- ments heretofore rendered against the person or persons claiming under the contract of war-risk insurance on the ground that the claim was barred by the statute of limitations shall not be a bar to the institution of another suit on the same claim . No State or other statute of limitations shall be applicable to suits filed under this section . This section shall apply to all suits now pending against the United States under the provisions of this section ." SEc. 2. That section 21, subdivision (2 ), of the World War Vet- erans' Act, 1924, as amended (section 450, title 38, of the United States Code), be hereby amended to read as follows : "(2) Whenever it appears that any guardian, curator, conservator, or other person is not , in t he opin ion of the di rector, proper ly exe cut- in g the duties of his trust or has collect ed or is atte mpting to col lect fees, commissions, or allowances that are inequitable or are in excess of those allowed by law for the duties performed or expenses incurred, or has failed to make such payments as may be neces- sary for the benefit of the ward or the dependents of the ward, then and in that event the director is hereby empowered by his duly authorized attorney to appear in the court which has appointed such fiduciary and make proper presentation of such matters to the court : Provided, That the director, in his discretion, may suspend payments to any such guardian, curator, conservator, or other per- son who shall neglect or refuse, after reasonable notice, to render an account to the director from time to time showing the application o f such payme nts fo r the benef it of such minor or inc ompete nt beneficiary. "Authority is hereby granted for the payment of any court or other expenses incident to any investiga tion or court proceedi ng for the appointment of any guardian, curator, conservator, or other