Page:United States Statutes at Large Volume 46 Part 1.djvu/1036

 SEVENTY-FIRST CONGRESS. SEss. II. Cs. 849 . 1930, accrued for which the claim is made : Prov ided, Tha t for the pur- poses of this section it shall be deemed that the right accrued on the happening of the contingency on which the claim is founded : Pro- vided further, That this limitation is suspended for the period elaps- ing 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. Judgments heretofore rendered against the person or persons claiming under the contract of war -risk insura nce on the g round that th e clai m was barred by th e statute of limita tions sha ll not be a bar t o the ins titution of anothe r suit on the same claim. No State or other statute of limitations shall be applicable to suits filed under this section. "In any suit, action, or proceeding brought under the provisions of this Act subpoenas for witnesses who are required to attend a court of the United States in any district may run into any other district : Provided, That no writ of subpoena shall issue for witnesses living out of the district in which the court is held at a greater distance than one hundred miles from the place of holding the same without the permission of the court being first had upon proper application and cause shown . The word `district' and the words `district court' as used herein shall be construed to include the District of Columbia and the Supreme Court of the District of Columbia . "Attorneys of the bureau when assigned to assist in the trial of cases, and employees of the bureau when ordered in writing by the director to appear as witnesses shall be paid the regular travel and subsistence allowance paid to other employees when on official travel status. " Part time and fee basis employees of the bureau, in addition to their regular travel and subsistence allowance, when ordered in writing by the director to appear as witnesses in suits under this section, may be allowed, within the discretion and under written orders of the director, a fee in an amount not to exceed $20 per day . " Employees of the United States Veterans' Bureau who are subpoenae d to atte nd the tr ial of an y suit, u nder the provision s of this Act, as w itnesses for plain tiffs sha ll be gra nted offi cial leav e for the period they are required to be away from the bureau in answer to such subpcenas. "The term `claim' as used in this section, means any writing which alleges permanent and total disability at a time when the contract of insurance was in force, or which uses words showing an intention to claim insurance benefits and the term `disagreement' means a denial of the claim by the director or some one acting in his name on an appeal to the director . This section, as amended, with the exception of this paragraph, shall apply to all suits now pending against the United States under the prov isions of the War Risk I nsura nce A ct, as am ended, or the World War Vete rans' Act, 192 4, as amended ." SEC. 5 . That a new subdivision be added to section 21 of the World War Veterans' Act, 1924, as amended (section 450, title 38, United States Code), to be known as subdivision (3), and to read as follows : "(3) All or any part of the compensation or insurance the payment of which is suspended or withheld under this section may, in the di screti on of the di rector, be p aid te mporari ly to the pe rson h aving To dependents of in- custody and control of the incompetent or minor beneficiary to be competent veteran . used solely for the benefit of such beneficiary, or, in the case of an 57894 o -31	63 Proviso . Right to bring su it accrues, when claim arises . Suspension of limita- tion . Inco mpet ents . New suit, if defect in process, etc . Time allowed . Statute of limitations waived . State statutes, etc., not applicable . Subp oena s . Pro vis o . Restriction. 993 "District" and "dis- trict court" construed . Allowances to bureau attorneys. Emplo yees app ear- ing as witnesses . Official leave granted to subpoenae d bureau employees . Terms defined . " Claim ." " Disagreement ." Provi sions her ein a p- plicable to pen ding suits . Vol. 37, p. 711; Vol. 43, p. 607, amended. Post, p. 1016 . Vol.43,p. 613. Vol. 44, p. 792. U . S. C., p. 1218; Supp . III, p . 382 . Post, p. 1016. Payment of suspend- ed compensation, to custodian of minor, etc.

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