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B-130048, MAR. 20, 1957

B-130048 Mar 20, 1957
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WE HAVE CAREFULLY REVIEWED THE RECORD IN YOUR CASE AND WE MUST REMIND YOU THAT SAID CHECK WAS ISSUED TO YOU ON FEBRUARY 3. THE SAID CHECK WAS NEGOTIATED IN DUE COURSE. WAS DULY PAID BY THE TREASURER OF THE UNITED STATES. YOUR CLAIM FOR THE PROCEEDS OF THE CHECK WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JULY 26. AS YOU HAVE BEEN PREVIOUSLY INFORMED. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK. YOUR CLAIM DID NOT REACH THE GENERAL ACCOUNTING OFFICE UNTIL AFTER THE SIX-YEAR LIMITATION PERIOD HAD EXPIRED AND ALL CLAIM ON ACCOUNT OF THE CHECK IS NOW BARRED BY THE STATUTE EVEN THOUGH THE ILLNESS MENTIONED IN YOUR LETTER MAY HAVE PREVENTED YOUR FILING CLAIM AT AN EARLIER DATE.

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B-130048, MAR. 20, 1957

TO MR. PORFIRIO RICONA:

YOUR LETTER OF FEBRUARY 15, 1957, REQUESTS RECONSIDERATION OF THE ACTION TAKEN IN OUR LETTER OF JANUARY 17, 1957, WHICH SUSTAINED GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 14, 1956, DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 65,958,715 FOR $581.11, DRAWN FEBRUARY 3, 1948, TO YOUR ORDER BY PAUL D. BANNING, SYMBOL 300.

WE HAVE CAREFULLY REVIEWED THE RECORD IN YOUR CASE AND WE MUST REMIND YOU THAT SAID CHECK WAS ISSUED TO YOU ON FEBRUARY 3, 1948 AND DULY MAILED TO YOU. ACCORDING TO THE RECORDS, THE SAID CHECK WAS NEGOTIATED IN DUE COURSE, WAS DULY PAID BY THE TREASURER OF THE UNITED STATES, AND IN ACCORDANCE WITH LAW, HAS BEEN DESTROYED. YOUR CLAIM FOR THE PROCEEDS OF THE CHECK WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JULY 26, 1956.

SECTION 2 OF THE ACT OF CONGRESS APPROVED JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, AS YOU HAVE BEEN PREVIOUSLY INFORMED, PROVIDES THAT "ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK, CHECKS, WARRANT OR WARRANTS INVOLVED.'

IN THE INSTANT CASE, YOUR CLAIM DID NOT REACH THE GENERAL ACCOUNTING OFFICE UNTIL AFTER THE SIX-YEAR LIMITATION PERIOD HAD EXPIRED AND ALL CLAIM ON ACCOUNT OF THE CHECK IS NOW BARRED BY THE STATUTE EVEN THOUGH THE ILLNESS MENTIONED IN YOUR LETTER MAY HAVE PREVENTED YOUR FILING CLAIM AT AN EARLIER DATE. THE COURTS HAVE HELD THAT A GOVERNMENTAL OFFICIAL LACKS POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT. COMPAGNIE GENERALE TRANSATLANTIQUE V. UNITED STATES, 51 F.2D 1053; MAHONING COAL R.CO., ET AL. V. UNITED STATES, 28 F.2D 917; 53 C.J.S. LIMITATIONS OF ACTIONS SEC. 24.

ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION HERETOFORE TAKEN IN DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF THE SAID CHECK.

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