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REGISTER
VOLUME 5

1934

NUMBER 244

W ashington, Tuesday, December 17, 1940
CONTENTS
contract by the contracting parties, are reserved to the United States.
RULES, REGULATIONS, ORDERS
3 Exceptions i Assignment to a 10Ar m y : W ar D epartment: Pag bank, trust company, or other financing T itle TITLE 10ARMY: WAR
Claims, payments under con institution.
DEPARTMENT
tract, amendment----------- 5121
That sections 3477 and 3737 of the Revised Procurement of military sup CHAPTER HECLAIMS AND
Statutes be amended by adding at the end plies, etc., bid invitations, of each such section the following new ACCOUNTS
amendment--- .---------------- 5122
paragraph:
P art 35P ayment of B ills and A ccounts The provisions of the preceding para T itle 16C ommercial P ractices:
Federal Trade Commission:
PAYMENTS UNDER CONTRACT, FORMAL AND graph shall not apply in any case in which the moneys due or to become due from the Cease and desist orders:
INFORMAL 1
United States or from any agency or de Atlas Health A p p l i a n c e partment thereof, under a contract providing 35.5 To whom payment may he for payments aggregating $ 1,000 or more, are Co__________________ 5126
made.
Bauer and Black------------ 5123
assigned to a bank, trust company, or other financing institution, including any Federal

House of Royalsun________ 5124
agency: Provided, Scholl Manufacturing Co., b Other than original contractorlending "1. That in the case of any contract entered Inc_________________ 5124
1 Assignment of claim. All transfers into prior to the date of approval of the As Vulcan Lamp Works, Inc 5123
and assignments made of any claim upon signment of Claims Act of 1940, no claim the United States, or of any part or share shall be assigned without the consent of the T itle 30M ineral R esources:
of the department or agency concerned;
Bituminous Coal Division:
thereof, or interest therein, whether abso head 2. That in the case of any contract entered Pleasant Valley Mining Co., et lute or conditional, and whatever may be into after the date of approval of the assign al., final relief granted 5127
the considerationtherefor, and all powers ment of Claims Act of 1940, no claim shall be assigned if it arises under a contract which T itle 49 T ransportation and of attorney, orders, or other authorities forbids such assignment;
R ailroads:
for receiving payment of any such claim, 3. That unless otherwise expressly per Interstate Commerce Commis or of any part or share thereof, shall be mitted by such contract any such assign sion:
absolutely nun and void, unless they are ment shall cover all amounts payable under such contract and not already paid, shaU not Water carrier regulations, freely made and executed in the presence be made to more than one party, and shall postponement of effec of at least two attesting witnesses, after not be subject to further assignment, except tiveness of provisions----- 5128
the allowance of such a claim, the ascer that any such assignment may be made to tainment of the amount due, and the one party as agent or trustee for two or more participating in such financing;
NOTICES
issuing of a warrant for the payment parties 4. That in the event of any such assign thereof. Such transfers, assignments, ment, the assignee thereof shall file written Department of Agriculture:
and powers of attorney, must recite the notice of the assignment together with a true Rural Electrification Adminis warrant for payment, and must be ac copy of the instrument of assignment with tration:
a the General Accounting Office, knowledged by the person making them, Allocation of funds for loans b the contracting officer or the head of before an officer having authority to take his department or agency, 2 notices___________ 5137
acknowledgments of deeds, and shall be c the surety or sureties upon the bond Department of the Interior:
certified by the officer; and it must ap or bonds, if any, in connection with such Bituminous Coal Division:
pear by the certificate th at the officer, at contract, and Hearings, temporary relief or "d the disbursing officer, if any, desig the time of the acknowledgment, read nated in such contract tomake payment.
ders, etc.:
and fully explained the transfer, assign Notwithstanding any law to the contrary District Board No. 8 All ment, or warrant of attorney to the per governing the validity of assignments, any burn Collieries Co.__ _ 5133
assignment pursuant to the Assignment of son acknowledging the same.
District Board No. 8 Cam Claims Act of 1940 shall constitute a valid 2 Transfer of contract. No con assignment for all purposes.
bria Coal Co._______ 5133
tract or order, or any interest therein, Any contract entered into by the War De District Board No. 8 Cedar shall be transferred by the party to whom partment or the Navy Department may pro Grove Collieries, Inc., that payments to an assignee of any such contract or order is given to any vide claim arising under such contract shall not et al.__________ 1___ 5133
other party, and any such transfer shall be subject to reduction or set-off, and if it is District Board No. 9___
5136
cause the annulment of the contract or so provided in such contract, such payments District Board No. 11-------- 5135
order transferred, so far as the United shall not be subject to reduction or set-off for any indebtedness of the assignor to the District Board No. 23_____ 5135
States are concerned. All rights of ac United States arising independently of such Stevens, O. W., Tano, Fred, tion, however, for any breach of such contract.
et a l _______________ 5134

Rules, Regulations, Orders
1 35.5 b is amended.

S e c . 2. This Act may be cited as the Assignment of Claims Act of 1940.

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