Page:United States Statutes at Large Volume 57 Part 1.djvu/622

 57 STAT.] 78TH CONG. , 1ST SESS. -CHS. 377, 378-DEC. 23, 1943 the person bringing the same in accordance with clause (B) above. The court shall have no jurisdiction to proceed with any such suit brought under clause (B) or pending suit brought under section 3491 of the Revised Statutes whenever it shall be made to appear that such suit was based upon evidence or information in the possession of the United States, or any agency, officer or employee thereof, at the time such suit was brought: Provided, however, That no abatement shall be had as to a suit pending at the effective date of this Act if before such suit was filed such person had in his possession and voluntarily disclosed to the Attorney General substantial evidence and informa- tion which was not theretofore in the possession of the Department of Justice. "(D) In any suit whether or not on appeal pending at the effective date of this Act brought under Revised Statutes, section 3491, the court in which such suit is pending shall stay all further proceedings, and shall forthwith cause written notice, by registered mail, to be given the Attorney General that such suit is pending, and the Attorney General shall have sixty days from the date of such notice to appear and carry on such suit in accordance with clause (C). "(E) (1) In any such suit, if carried on by the United States as herein provided, the court may award to the person who brought such suit, out of the proceeds of such suit or any settlement of any claim involved therein, which shall be collected, an amount which in the judgment of the court is fair and reasonable compensation to such person for disclosure of the information or evidence not in the possession of the United States when such suit was brought. Any such award shall in no event exceed one-tenth of the proceeds of such suit or any settlement thereof. "( 2 ) In any such suit when not carried on by the United States as herein provided, whether heretofore or hereafter brought, the court may award to the person who brought such suit and prosecuted it to final judgment, or to settlement, as provided in clause (B), out of the proceeds of such suit or any settlement of any claim involved therein, which shall be collected, an amount, not in excess of one-fourth of the proceeds of such suit or any settlement thereof, which il the judgment of the court is fair and reasonable compensation to such person for the collection of any forfeiture and damages; and such person shall be entitled to receive to his own use such reasonable exlpenses as the court shall find to have been necessarily incurred and all costs the court may award against the defendant, to be allowed and taxed accord- ing to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in such case and shall have no claim therefor on the United States." SEc. 2. Section 3493 of the Revised Statutes (U. S. C., title 31, sec. 234) is hereby repealed. Approved December 23, 1943. [CHAPTER 378] AN ACT To amend the Coast Guard Auxiliary and Reserve Act of 1941, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Coast Guard Auxiliary and Reserve Act of 1941, as amended, is hereby further amended as follows: Strike out section 402 and substitute therefor the following: "SEC. 402. Members of the Women's Reserve may be commissioned or enlisted in such appropriate ranks and ratings, not above the 81077 -44- -IT. I- -39 609 Suits based on evi- dence, etc., in posses- sion ofU. S. Nonabatement of certain pending suits. Stay of further pro- ceedings. Notice to Attorney General. Award if suit car- riedonbyU.S. Award when suit not carried on by U.S. Expenses and costs. Repeal. December 23, 143 [H. R. 1616] [Public Law 214] Coast Guard Aux- iliary and Reserve Act of 1941, amend- ments. 56 Stat. 1020 . 14 U. S. C.. Supp. II, 1382. Ranks and ratings in Women's Reserve.

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