B-141896, JUN. 14, 1960

B-141896: Jun 14, 1960

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JAMES HALL: REFERENCE IS MADE TO YOUR LETTERS OF MAY 29. WE ASSUME YOU ARE THE SAME JAMES HALL. WHO IS CLAIMING THE PROCEEDS OF NATIONAL LIFE INSURANCE SPECIAL DIVIDEND CHECK NO. 434. 850 IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22. 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 ISSUANCE OF THE CHECK. WAS AMENDED BY SECTION 3 (A) OF THE ACT OF AUGUST 28. BECAUSE THE AMENDMENT WAS PASSED AFTER THE SIX YEAR STATUTE OF LIMITATIONS HAD RUN ON THE CHECK. EVEN IF IT COULD BE CONCLUSIVELY ESTABLISHED THAT THE CHECK WAS CASHED ON A FORGED INDORSEMENT OF YOUR NAME. YOUR CLAIM COULD NOT BE ALLOWED SINCE THE ACT SPECIFICALLY PROVIDES THAT A CLAIM WHICH IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK IS BARRED.

B-141896, JUN. 14, 1960

TO MR. JAMES HALL:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 29, 1960, TO CONGRESSMAN LINDLEY BECKWORTH CONCERNING YOUR CLAIM FOR THE PROCEEDS OF A CHECK, WHICH MR. BECKWORTH HAS REFERRED TO OUR OFFICE FOR CONSIDERATION.

WE ASSUME YOU ARE THE SAME JAMES HALL, ROUTE 2, BOX 162, CARTHAGE, TEXAS, WHO IS CLAIMING THE PROCEEDS OF NATIONAL LIFE INSURANCE SPECIAL DIVIDEND CHECK NO. 434,850, DRAWN IN THE AMOUNT OF $242, TO THE ORDER OF JAMES HALL, RAMSEY NO. 2, BOX NO. 2, OTEY, TEXAS, ON NOVEMBER 13, 1950, OVER SYMBOL 321.

IF SO, YOUR CLAIM FOR THE PROCEEDS OF CHECK, NO. 434,850 IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, SINCE OUR RECORDS REVEAL THAT SAID CHECK HAS BEEN NEGOTIATED AND PAID AND THAT A CLAIM THEREFOR HAS NOT BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK. SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, READS AS FOLLOWS:

"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 ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

ALTHOUGH SECTION 2 OF THE ACT OF JUNE 22, 1926, WAS AMENDED BY SECTION 3 (A) OF THE ACT OF AUGUST 28, 1957, 71 STAT. 464, TO PERMIT SUCH CLAIMS TO BE FILED WITH THE TREASURY DEPARTMENT AS WELL AS THE GENERAL ACCOUNTING OFFICE, THE AMENDMENT DOES NOT APPLY TO YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 434,850, BECAUSE THE AMENDMENT WAS PASSED AFTER THE SIX YEAR STATUTE OF LIMITATIONS HAD RUN ON THE CHECK. EVEN IF IT COULD BE CONCLUSIVELY ESTABLISHED THAT THE CHECK WAS CASHED ON A FORGED INDORSEMENT OF YOUR NAME, YOUR CLAIM COULD NOT BE ALLOWED SINCE THE ACT SPECIFICALLY PROVIDES THAT A CLAIM WHICH IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK IS BARRED. OUR OFFICE HAS NO AUTHORITY TO WAIVE THESE STATUTORY PROVISIONS OF LAW.

IF, HOWEVER, YOU ARE NOT THE JAMES HALL WHO IS CLAIMING THE PROCEEDS OF CHECK NO. 434,850, PLEASE ADVISE US OF THIS FACT AND GIVE US WHAT INFORMATION YOU CAN REGARDING THE CHECK ON WHICH YOUR CLAIM IS BASED SO THAT WE WILL BE ABLE TO IDENTIFY IT, AND, IF YOU HAVE BEEN IN THE ARMED FORCES, YOUR SERIAL NUMBER.