Page:United States Statutes at Large Volume 62 Part 1.djvu/1001

 62 STAT.] 80TH CONG., 2n SESS.-CH. 646-JUNE 25, 1948 Sec. 2411. Interest on judgments against United States. 2412. Costs. 2413. Executions in favor of United States. 2414. Payment of judgments against the United States. § 2401. Time for commencing action against United States (a) Every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal dis- ability or beyond the seas at the time the claim accrues may be com- menced within three years after the disability ceases. (b) A tort claim against the United States shall be forever barred unless action is begun thereon within one year after such claim accrues, or unless, if it is a claim not exceeding $1,000, it is presented in writing to the appropriate Federal agency within one year after such claim accrues. If a claim not exceeding $1,000 has been presented in writing to the appropriate Federal agency within that period of time, suit thereon shall not be barred until the expiration of a period of six months after either the date of withdrawal of such claim from the agency or the date of mailing notice by the agency of final disposition of the claim. § 2402. Jury trial denied in actions against United States Any action against the United States under section 1346 of this title A"te' P. 33. shall be tried by the court without a jury. § 2403. Intervention by United States; constitutional question In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene for presentation of evidence, if evidence is otherwise ad- missible in the case, and for argument on the question of constitu- tionality. The United States shall, subject to the applicable provi- sions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality. § 2404. Death of defendant in damage action A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants. § 2405. Garnishment In any action or suit commenced by the United States against a corporation for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as gar- nishees. Any person so summoned shall appear in open court and depose in writing to the amount of his indebtedness to the corporation at the time of the service of the summons and at the time of making the deposition, and judgment may be entered in favor of the United States for the sum admitted by the garnishee to be due the corporation as if it had been due the United States. A judgment shall not be entered against any garnishee until after judgment has been rendered against the corporation, nor until the sum in which the garnishee is indebted is actually due. When any garnishee deposes in open court that he is not and was not at the time of the service of the summons indebted to the cor- poration, an issue may be tendered by the United States upon such 971

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