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Debtors to United States; adjustment of indebtedness.
SEC. 180. Whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of said cause. *
Act March 3, 1911, c. 231, s. 180, 36 Stat. 1141.
This section incorporates therein the provisions of section 3, act March 3, 1887, c. 359, 24 Stat. 505, which section is expressly repealed by section
297 of this act. Attorney General to appear for defense.
Sec. 185. The Attorney-General, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court.
Act March 3, 1911, c. 231, s. 185, 36 Stat. 1142.
This section incorporates therein the provisions of section 5, act March 3, 1883, c. 116, 22 Stat. 486, which section is expressly repealed by section 297 of this act.
ACT FEBRUARY 8, 1899, c. 121. An act to prevent the abatement of certain
actions. (30 Stat. 822.) Suits against officers of United Statre not abated by death, expiration of term,
etc. That no suit, action, or other proc :eding lawfully commenced by or against the head of any Departmen: or Bureau or other officer of the United States in his official capacity, or in relation to the discharge of his official duties, shall abate by reason of his death, or the expiration of his term of office, or his retirement, or resignation, or removal from office, but, in such 'event, the Court, on motion or supplemental petition filed, at any time within twelve months thereafter, showing a necessity for the survival thereof to obtain a settlement of the questions involved, may allow the same to be maintained by or against his successor in office, and the Court may make such order as shall be equitable for the payment of costs.
Act February 8, 1889, c. 121, 30 Stat. 822.
CITATIONS TO AGRICULTURAL APPROPRIATION
Act June 16, 1880, c. 252, 21 Stat. 292.