Public Law 540.
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/statutes-at-large/vol-52/public-law-540·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/75/530)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Relief of persons erroneously convicted who have served all or part of sentence.Innocence established by courts or pardoning authority. That any person who, having been convicted of any crime or offense against the United States and having been sentenced to imprisonment and having served all or any part of his sentence, shall hereafter, on appeal or on a new trial or rehearing, be found not guilty of the crime of which he was convicted or shall hereafter receive a pardon on the ground of innocence, if it shall appear that such person did not commit any of the acts with which he was charged or that his conduct in connection with such charge did not constitute a crime or offense against the United States or any State, Territory, or possession of the United States or the District of Columbia, in which the offense or acts are alleged to have been committed, and that he has not, either intentionally, or by willful misconduct, or negligence, contributed to bring about his arrest or conviction, may, subject to the limitations and Suit for damages permitted.conditions hereinafter stated, and in accordance with the provisions of the Judicial Code, maintain suit against the United States in the Court of Claims for damages sustained by him as a result of such conviction and imprisonment.
Sec. 2. Admissible evidence. The only evidence admissible on the issue of innocence of the plaintiff shall be a certificate of the court in which such person was adjudged not guilty or a pardon or certified copy of a pardon, and such certificate of the court, pardon, or certified copy of a pardon shall contain recitals or findings that—
(a)Claimant did not commit any of the acts with which he was charged; or
(b)that his conduct in connection with such charge did not constitute a crime or offense against the United States or any State, Territory, or possession of the United States or the District of Columbia, in which the offense or acts are alleged to have been committed; and
(c)that he has not, either intentionally, or by willful misconduct, or negligence, contributed to bring about his arrest or conviction. Sec. 3. Pardon to recite basis for granting, etc. No pardon or certified copy of a pardon shall be filed with the Court of Claims unless it contains recitals that the pardon was granted after applicant had exhausted all recourse to the courts and further that the time for any court to exercise its jurisdiction had expired. Sec. 4. Actions in forma pauperis.Extent of award. Upon a showing satisfactory to it, the Court may permit the plaintiff to prosecute such action in forma pauperis. In the event that the court shall render judgment for the plaintiff, the amount of damages awarded shall not exceed the sum of $5,000. Approved, May 24, 1938. To impose additional duties upon the United States Public Health Service in connection with the investigation and control of the venereal diseases. 1938-05-24 267 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 52 Stat. 439 75 3 public 52 Stat. 439 [CHAPTER 267] AN ACT To impose additional duties upon the United States Public Health Service in connection with the investigation and control of the venereal diseases. May 24, 1938[[S. 3290](/us/bill/75/s/3290)][[Public, No. 540](/us/pl/75/540)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Act United States Public Health Service.Investigation and control of venereal diseases.[40 Stat. 886](/us/stat/40/886).[42 U. S. C. § 25](/us/usc/t42/s25).Assistance to States, etc.approved July 9, 1918, is hereby amended by adding, after section 4 of chapter XV (40 Stat. 886; U. S. C., title 42, sec. 25), sections 4a, 4b, 4c, 4d, and 4e to read as follows: " “Sec. 4a. For the purpose of assisting States, counties, health districts, and other political subdivisions of the States in establishing and maintaining adequate measures for the prevention, treatment, and control of the venereal diseases; for the purpose of making studies, investigations, and demonstrations to develop more effective measures of prevention, treatment, and control of the venereal diseases, including the training of personnel; for the pay, allowances,Personal services. and traveling expenses of commissioned officers and other personnel assigned to duties in carrying out the purposes of sections 4a to 4e, inclusive, of this Act in the District of Columbia and elsewhere; andPrinting. for the printing of reports, documents, and other material relating thereto, there is hereby authorized to be appropriated for the fiscalAmount authorized for fiscal year 1939, and thereafter.*Post*, p. 1152. year ending June 30, 1939, not exceeding the sum of $3,000,000; for the fiscal year ending June 30, 1940, not exceeding the sum of $5,000,000; for the fiscal year ending June 30, 1941, not exceeding the sum of $7,000,000; and for each fiscal year thereafter, such sum as may be deemed necessary to carry out the purposes of sections 4a to 4e, inclusive, of this Act. “Sec. 4b. Prior to the beginning of each fiscal year the SurgeonDetermination of annual allotments; basis. General of the Public Health Service shall determine, out of the appropriations made pursuant to section 4a, the sum to be allotted to the several States, including the District of Columbia, Alaska, Puerto Rico, Virgin Islands, and Hawaii. The Surgeon General shall then allot such sum to the several States upon the basis of
(1)the population,
(2)the extent of the venereal-disease problem, and
(3)the financial needs of the respective States. Upon making such allotmentsCertification to Secretary of the Treasury. he shall certify the amounts thereof to the Secretary of the Treasury. The amount of an allotment to any State for any fiscal year remaining unpaid at the end of such fiscal year shall be available for allotment to the States for the succeeding fiscal year in addition to the amount appropriated and available for such fiscal year. “Sec. 4c. Prior to the beginning of each quarter of the fiscal yearQuarterly allotments. the Surgeon General of the Public Health Service shall determine the amount to be paid to each State for such quarter from the allotment to such State, and shall certify the amount so determined to the Secretary of the Treasury. Upon receipt of such certification, the Secretary of the Treasury shall, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay in accordance with such certification. The moneys so paid to any State shall be expendedExpenditure. in carrying out the purposes specified in section 4a, and in accordance with plans presented by the health authority or such State and approved by the Surgeon General of the Public Health Service. “Sec. 4d. With the approval of the Secretary of the TreasuryRules, etc., to be prescribed. and after consultation with a conference of State and Territorial health officers, the Surgeon General of the Public Health Service is authorized to prescribe the rules and regulations necessary to carry out the purposes of sections 4a to 4e, inclusive, of this Act. “Sec. 4e. Sections 4a to 4e, inclusive, of this Act shall not be construedProvisions not to supersede, etc., existing functions. as superseding or limiting the functions, under any other Act, 52 Stat. 440of the Public Health Service relating to the prevention, treatment, and control of venereal diseases, or the expenditure of money therefor.” " Approved, May 24, 1938. Granting pensions and increases of pensions to certain soldiers, sailors, and nurses of the War with Spain, the Philippine Insurrection, or the China Relief Expedition, and for other purposes. 1938-05-24 268 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 52 Stat. 440 75 3 public [CHAPTER 268] AN ACT Granting pensions and increases of pensions to certain soldiers, sailors, and nurses of the War with Spain, the Philippine Insurrection, or the China Relief Expedition, and for other purposes. May 24, 1938[[H. R. 5030](/us/bill/75/hr/5030)][
Connections18 cite this · traces to 2
Cited by 18 sections · top 10
Traces to 2 documents
2 references not yet in our index
- 42 USC 25
- 52 Stat. 440
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