LEGAL SERVICES AND CLAIMS. 389 



[Debtors to United States; adjustment of indebtedness. 



j Sec. 180. Wlioiiever any jx^voii shall present his pi'lition to the 

 Court of Claims allefrintr that he is or has been indebted to the United 

 [States as an oflicer or agent thereof, or by virtue of any contract 

 IthereAvith, or that he is the Guarantor, or surety^ or |)ers()na] i-epre- 

 sentative of any oflicer or agent or contractor so" indebted, or that he 

 ^or the person for whom he is such surety, guarantor, or personal rep- 

 resentative has held any office or agency under the United States, or 

 ientered into any contract therewith, under which it may be or has 

 ibeen claimed that an indebtedness to the United States had arisen 

 and exists, and that he or the person he represents has applied to 

 ithe proper department of the (Tovernment requesting that the account 

 jof such office, agency, or indebtedness may be adjusted and settled, 

 jand that three years have elapsed from the date of such application, 

 liand said account still remains unsettled and unadjusted, and that 

 :;no suit upon the same has been brought by the United States, said 

 jcourt shall, due notice first being given to the head of said department 

 land to the Attorney General of the United States, proceed to hear 

 fthe parties and to ascertain the amount, if any, due the United States 

 on said account. The Attorney General shall represent the United 

 States at the hearing of said cause. '^ * * 



Act March 3. 1911. c. 231. s. 180. 36 Stat. 1141. 



This section iiicorpurate.s therein the provisions of sectioji 3, act March 

 3, 18S7, c. 359, 24 Stat. 505. which section is expressly repealed bv section 

 297 of this act. 



Attorney General to appear for defense. 



^ Sec. 185. The Attorney-General, or his assistants under his direc- 

 tion, shall appear for the defense and protection of the interests of 

 the United States in all ca.ses which may be transmitted to the Court 

 i)f Claims under the provisions of this chapter, with the same power 

 to interpose counter claims, offsets, defenses for fraud practiced or 

 ;ittempted to be practiced by claimants, and other defenses, in like 

 manner as he is required to defend the United States in said court. 



Act March 3. 1911. c. 231. s. 185, 36 Stat. 1142. 



This section incorporates therein the provisions of section 5. act March 

 3, 1883, e. 116, 22 Stat. 486. which section is expressly repealed by section 

 297 of this act. 



4CT FEBRUARY 8, 1899. c. 121. An act to prevent the abatement of certain 

 actions. (30 Stat. 822.) 



suits against officers of United Stafe not abated by death, expiration of term, 

 etc. 



That no suit, action, or other proceeding lawfully conunenced by or 



igainst the head of any Department or Bureau or other oflicer of the 



United States in his official capacity, or in relatior to the discharge 



»f his official duties, shall abate by reason of his death, or the expira- 



ion of his term of office, or his retirement, or resignation, or removal 



from office, but, in such event, the Court, on motion or supplemental 



)etition filed, at any time within twelve months thereafter, showing a 



necessity for the siirvival thereof to obtain a .settlement of the ques- 



ions involved, may allow the same to be maintained by or against 



lis successor in office, and the Court mav make such order as shall b« 



'quitable for the payment of costs. 



Act Febrnary 8, 1889, c. 121. 30 Stat. 822. 



