Page:United States Statutes at Large Volume 45 Part 1.djvu/1211

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1160

SEVENTIETH CONGRESS . SESS. II . CHs . 172, 173 . 1929 . Provisos. All owanc e li mited . Appropriation for paying allowed claims . Maximu m allowane s to attorneys for serv- ices . Receiving in excess, unlawful . Penalty for . who were prevented during the year 1925 from harvesting their hay because of quarantine restrictions against the spread of the hoof and mouth disease : Provided, That the allowance made on any such claim shall not exceed the amount paid thereon by the Livestock Sanitary Commission of Texas, pursuant to an act of the State legislature approved October 6, 1926 . There is hereby appropriated, from any money in the Treasury not otherwise appropriated, a suffi- cient amount, not to exceed $218,177 .50, to enable the Secretary of the Treasury to pay such of the claims as may be allowed by the Comptroller General : Provided, That no part of the amount of any item appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, att orney or att orneys , on a ccount of se rvices render ed in connec tion with said claim . It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum which in the aggregate exceeds 10 per centum of the amount of any item appropriated in this Act on account of services rendered in connection with said claim, any contract to the contrary notwith- standing. Any person violating the provisions of this Act shall be de emed guil ty of a mi sdeme anor and upon conv ictio n the reof shal l be fined in any sum not exceeding $1,000 . Approved, February 11, 1929 . February 11, 1920 .

[S .3581 .1 CHAP. 173 .-An Act Authorizing the Commissioners of the District of [Public, No . 719 .]

Columbia to settle claims and suits against the District of Columbia . Be it enacted by the Senate and House o f Representatives o f the District of colum- United States of America in Congress assembled, That the Commis- bia . claims ag ainst,go be sioners of the District of Columbia be, and they hereby are, empow- settled by the Com - missioners . ered to settle, in their discretion, claims and suits, either at law or in equity, against the District of Columbia whenever the cause of action- Negligent acts, etc ., of employees . (a) Arises out of the negligence or wrongful act, either of com- mission or omission, of any officer or employee of the District of Columbia for whose negligence or acts the District of Columbia is prima facie liable to respond in damages . Wher e Di stric t le gal- ly responsib le .

(b) Arises out of the existence of facts and circumstances which . place the claim or suit within the doctrines and principles of law decided by the courts of the District of Columbia or by the Supreme Court of the United States to be controlling in the District of Columbia. Refund of taxes, etc ., erro neous ly assessed SEC. 2. The Commissioners of the District of Columbia are hereby subsequent to Septem- authorized and empowered to grant relief in claims for refund of ber 1, 1916. taxes paid, or for cancellation of assessments heretofore made and subsequent to September 1, 1916, in such cases where like assess- ments, or assessments against property of similar character, have been held to be void or erroneous by decision of the Supreme Court of the District of Columbia, the Court of Appeals of the District .Proviso. Time for filing, re- of Columbia, or the Supreme Court of the United States : Provided quired .

That any claims for refunds of taxes heretofore paid or for cancel- lations of assessments heretofore made shall be filed within one year statute of limitations from the approval of this Act. not reduc ed .

Nothing contained in this Act shall be construed as reducing the Limit of amount .

period of the statute of limitations . SEC . 3 . No settlement of any claim or cause of action herein author- ized to be made by the Commissioners of the District of Columbia shall in any event exceed the sum of $5,000 and all settlements entered into by the Commissioners of the District of Columbia act- Report to congress . ing under the terms and provisions of this Act shall be presented