§309. Payment

In all cases where a stipulation is entered into under section 308 of this title, and, in consequence thereof, the property is discharged, and final judgment is afterward given in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried, affirming the claim for the security or satisfaction of which such proceedings have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of such property had not been changed. Whenever such claim is for the payment of money, and the same is by such judgment found to be due, the presentation of a duly authenticated copy of the record of such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the Treasury not otherwise appropriated. The amount so to be allowed and paid shall not, however, exceed the value of the interest of the United States in the property in question.

(R.S. §3754; Pub. L. 89–30, §1(b), June 2, 1965, 79 Stat. 119 .)

Codification

R.S. §3754 derived from act June 11, 1864, ch. 117, 13 Stat. 122 .

Amendments

1965-Pub. L. 89–30 substituted "Attorney General" for "Secretary of the Treasury".

Appropriations

Section 3 of act June 26, 1934, ch. 756, 48 Stat. 1226 , which was classified to section 725b of former Title 31, Money and Finance, provided in part that, effective July 1, 1935, the permanent or continuing appropriation account "Judgments of courts (Revised Statutes, section 3754 [40 U.S.C. 309]) (7x965)" is abolished, and any unobligated balances in such account are covered into the Treasury; and that any claims accruing on and after July 1, 1935, which, but for this section would have been charged to this appropriation title, shall, upon proper audit, be certified to Congress for appropriation from the general fund of the Treasury, which is authorized.

Section Referred to in Other Sections

This section is referred to in section 308 of this title.