Page:United States Statutes at Large Volume 32 Part 1.djvu/310

 244 FIFIY-SEVENTH concnnss sms. 1. on. sev. 1902. purchase, or occupation bfy the Government, through its internalrevenue office or others, officertain real estate of one George J. Stehens, in Greene County, Virginia, upon which the late Hrm_ of Smith, gllett and Company, now represented by Rinaldo P. Smith, had a i prrotrmlren, andmthefrrghlt <;f_t e Govegnment tic plead_the sltztréte .1-,,,,,, ,,,mm_ m rmi ions in r o said c ann rs ere yawarve :, a sa _ claimant file his petition within sixty ys from the passage of this Actin said Court of Claims, either at law or in equity as he may deem the rights of his case shall require; and the Government shal, upon notice served according to the rules and practice of said court, appear and defend 'nst said suit, and the same shall proceed to iinal hearing and judgment, with the right of appeal to the Supreme Court of the United tates by either party. as provided by law. oourrr or cnsms ron Lrorrr 1>nn·rs. might MR Mn- That the claims for further compensation for the construction of the , cmmmexmmm- ironclad monitors Shawnee, Modoc, Suncook, Yazoo, Casco, Sandusky §'};‘,f‘f"‘(,,,"T§_’°" ‘° Marietta, Waxsaw, and Canonicus, and of the turrets of the ironclad monitors Monadnock and Agamentrcus, may be submitted severally by · the contractors or their lega representatives within one year after the passage of this Act to the Court of Claims, under and in complliance with the rules and regulations of said court; and said court sha have jurisdiction to hear and determine and render judgment upon the same: Q in H Ihwidcd, hozueaer, That the investigation of said_ claims shall be made mm. upon the following basis: The court shall ascertain and allow the addrtionatllgost whip'}; was n incuriegd by tge contéacgprs forguild- ' ironc monitors wnee, oc uncoo, azoo asco §dusky, Marietta, Waxsaw, and Canonicris, and of the turrets of the ironclad monitors Monadnock and Agamenticus, in the completion of the same, by reason of any changes or alterations in thetplans and mmm of G0 $’ecificati<`%; igjjuiigal, andhdellagrs ipaffie prosecutiop of e dworkl; '°”" cmd6d' rt at suc a itio cost in comp eting, an suc D me L changes or alterations in the plans and specifications required, and . delays ju the prostggugou of tlhe workh were occgsioned pg the Govetrirment 0 the ni tates· ut no a owance or any vance in e price of labor or material shall be considered unless such advance could not have been avoided by the exercise of ordinary prudence and dilim{ggW=¤¢¤ *°¤¤*¢¤*· gence on the part of the contractors: A·ndprovz'ded further, That the " compensation iixed by the contractors and the Government for specific M alterations in advance pg sugh dteratrons sgesgl lrgehconclugivei as to the ¤¤¤=P* ¤¤ Wim compensation to be rn e there or: z' at suc a terations °°°°m°°"°°°' when made, complied with the specitications Jr the same as furnished mQmgggu?’ M- by the Government aforesaid: AmlpMvided_further, That all moneys ' paid to said contractors by the Government over and above the original contract price for the building of said vessels shali be deducted __.m._..  ..~ $;ze:.;y:.a:a2*%;:;*...22;::.*‘g.2‘;z:.‘H.:•:·:°:*.°£.t;*-8:.‘:t.*°;:.2.°g:; caused less work and expense to the contractors than the ourgginal plans and specifications, a corresponding deduction shall be m e from the contract price, and the amount thereof shall be deducted from any allowance which may be made by said court to said claimants. General limitations.LIMITATIQN, m{g_8“' '°P'°S°¤“*· In ease of the death of any claimant, or death or dischargp of any executor or administrator of any claimant herein named, then pay- Mdml ment of such claim as herein provided shall be made to the legal rep-
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 * .,,,.;;,-.,,,,,.;,,,,,,,,,. resentatnves: Provzded, That where a clarmant IS dead the adminis-
 * ¤°°'-°“’· trator, executor, or legal representative shall file a certified copy of