Page:United States Statutes at Large Volume 57 Part 1.djvu/386

 57STAT.] 78TH CONG. , 1ST SESS.-CH. 189-JULY 3, 1943 real or personal, or for personal injury or death, caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army, including claims for damage to or loss or destruction, by crim- inal acts, of registered or insured mail while in the possession of the military authorities, claims for damage to or loss or destruction of personal property bailed to the Government and claims for damages to real property incident to the use and occupancy thereof, whether under a lease, express or implied, or otherwise: Provided, That the wronliguen ofcla damage to or loss or destruction of property, or the personal injury ant- or death, shall not have been caused in whole or in part by any negli- gence or wrongful act on the part of the claimant, his agent, or employee. No claim shall be settled under this Act unless presented Tie limitation. in writing within one year after the accident or incident out of which such claim arises shall have occurred: Provided,That if such accident w,,te nsi onintimeof or incident occurs in time of war, or if war intervenes within one year after its occurrence, any claim may on good cause shown be presented s within one year after peace is established. The amount allowed on personal injury or account of personal injury or death shall be limited to reasonable death. medical, hospital, and burial expenses actually incurred, except that no payment shall be made to any claimant in reimbursement for med- ical or hospital services furnished at the expense of the United States nor, in the case of burial, of such portion of the expense thereof as may be otherwise paid by the United States. Any such settlement nltnament to be made by the Secretary of War, or his designee, under the authority of this Act and such regulations as he may prescribe hereunder, shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. The provisions of this Act shall NonBpplcabilty not be applicable to claims arising in foreign countries or possessions thereof which are cognizable under the provisions of the Act of Janu- ary 2, 1942 (55 Stat. 880; 31 U. S . C . 224d), as amended, or to claims Ate, P. 66 for damage to or loss or destruction of property of military personnel or civilian employees of the War Department or of the Army, or for personal injury or death of such persons, if such damage, loss, destruc- tion, injury, or death occurs incident to their service. The Secretary of desCignmati amounts. War may report such claims as exceed $500, or in time of war $1,000, to Congress for its consideration. SEc. 2. Such appropriations as may be required for the settlement autpropritio. of claims under the provisions of this Act are hereby authorized. I" pp 545. 632 Appropriations available to the War Department for the settlement of claims under the provisions of other laws shall be available for the settlement of claims of the same character under the provisions of this Act. SEC. 3 . That portion of section 1 of the Act of August 24, 1912 (37 s s.,Snpp.II, Stat. 586), reading as follows: "Provided, That hereafter the Secre- i208 tary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for pay- ment as legal claims out of appropriations that may be made by Congress therefor.", is hereby repealed. SEc. 4. The Act of December 28, 1922 (42 Stat. 1066; 31 U. S. C. 215-217), shall hereafter be inapplicable to the War Department. 373

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