Chapter 241. To amend section 9 of an Act entitled “An Act to define, regulate, and punish trading with the enemy, and for other purposes,” approved October 6, 1917, as amended
2,308 words·~10 min read·
/statutes-at-large/vol-41/chapter-241-4095674·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 241.— An Act To amend section 9 of an Act entitled “An Act to define, regulate, and punish trading with the enemy, and for other purposes,” approved October 6, 1917, as amended. June 5, 1920. [[H. R. 14208](/us/bill/66/hr/14208).] [[Public, No. 252](/us/pl/66/252).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Trading with the enemy.Vol. 40. p. 419.*Ante, *p. 35, amended. That section 9 of an Act entitled “An Act to define, regulate, and punish trading with the enemy, and for other purposes,” approved October 6, 1917, as amended, be, and hereby is, amended so as to read as follows: " “Sec. 9.
(a)That any person not an enemy or ally of enemy claiming Claims against property held by custodian, etc., by other than an enemy. any interest, right, or title in any money or other property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, or to whom any debt may be owing from an enemy or ally of enemy whose property or any part thereof shall have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States may fileNotice to be filed, etc. with the said custodian a notice of his claim under oath and in such form and containing such particulars as the said custodian shall require; and the President, if application is made therefor by thePayment, conveyance, etc., may be ordered by the President. claimant, may order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall de-978termine said claimant is entitled: *Provided, *That no such order by* Proviso.*Rights against claimants not barred. the President shall bar any person from the prosecution of any suit at law or in equity against the claimant to establish any right, title, or interest which he may have in such money or other property. IfSuit allowed, after the war, to establish interest, etc. the President shall not so order within sixty days after the filing of such application or if the claimant shall have filed the notice as above required and shall have made no application to the President, said claimant may, at any time before the expiration of six months after the end of the war institute a suit in equity in the Supreme Court ofJurisdiction of courts. the District of Columbia or in the district court of the United States for the district in which such claimant resides, or, if a corporation, where it has its principal place of business (to which suit the Alien Property Custodian or the Treasurer of the United States, as the case may be, shall be made a party defendant), to establish the interest, right, title, or debt so claimed, and if so established thePayment, etc., on order of court. court shall order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States or of the interest therein to which the court shall determine said claimant is entitled. If suit shall be so instituted, then such moneyRetention of property until judgment. or property shall be retained in the custody of the Alien Property Custodian, or in the Treasury of the United States, as provided in this Act, and until any final judgment or decree which shall be entered in favor of the claimant shall be fully satisfied by payment or conveyance, transfer, assignment, or delivery by the defendant, or by the Alien Property Custodian, or Treasurer of the United States on order of the court, or until final judgment or decree shall be entered against the claimant or suit otherwise terminated. “(b) In respect of all money or other property conveyed, transferred,Designated ownership of property. assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, if the President shall determine that the owner thereof at the time such money or other property was required to be so conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or at the time when it was voluntarily delivered to him or was seized by him was— “(1) A citizen or subject of any nation or State or free city otherBy other than nationals of Germany, etc. than Germany or Austria or Hungary or Austria-Hungary, and is at the time of the return of such money or other property hereunder a citizen or subject of any such nation or State or free city; or “(2) A woman who at the time of her marriage was a subject orBy woman of neutral nation married to German, etc.*Post, *p. 1147. citizen of a nation which has remained neutral in the war, or of a nation which was associated with the United States in the prosecution of said war, and who prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary and that the moneyCondition. or other property concerned was not acquired by such woman either directly or indirectly from any subject or citizen of Germany or Austria-Hungary; or “(3) A woman who at the time of her marriage was a citizen of theBy woman, American bom citizen, married to German, etc.*Post, *p. 1147.Condition. United States (said citizenship having been acquired by birth in the United States), and who prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary, and that the money or other property concerned was not acquired by such woman either directly or indirectly from any subject or citizen of Germany or Austria-Hungary; or “(4) A citizen or subject of Germany or Austria or Hungary orBy diplomatic, etc., officer of Germany, etc., in United States, when relations severed. Austria-Hungary and was, at the time of the severance of diplomatic relations between the United States and such nations, respectively, accredited to the United States as a diplomatic or consular officer of any such nation, or the wife or minor child of such officer, and that 979 the money or other property concerned was within the territory of the United States by reason of the service of such officer in such capacity; or “(5) A citizen or subject of Germany or Austria-Hungary, who byBy interned alien enemy, living in United States.[R. S., secs., 4067–4070, pp. 784, 785](/us/rs/s4067–4070/p784/785),Vol. 40, p. 531. virtue of the provisions of sections 4067, 4068, 4069, and 4070 of the Revised Statutes, and of the proclamations and regulations thereunder, was transferred, after arrest, into the custody of the War Department of the United States for detention during the war and is at the time of the return of his money or other property hereunder living within the United States; or “(6) A partnership, association, or other unincorporated body ofBy foreign partnerships, corporations, etc. individuals outside the United States, or a corporation incorporated within any country other than the United States, and was entirely owned at such time by subjects or citizens of nations, States, or free cities other than Germany or Austria or Hungary or Austria-Hungary and is so owned at the time of the return of its money or other property hereunder; or “(7) The Government of Bulgaria or Turkey, or any political orBy Government of Bulgaria or Turkey. municipal subdivision thereof; or “(8) The Government of Germany or Austria or Hungary orDiplomatic, etc., property of Germany or Austria. Austria-Hungary, and that the money or other property concerned was the diplomatic or consular property of such Government— then the President, without any application being made therefor,Payment, etc., to party entitled thereto, may be ordered without any application. may order the payment, conveyance, transfer, assignment, or delivery of such money or other property held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall determine such person entitled, either to the said owner or to the person by whom said property was conveyed, transferred, assigned, delivered, or paid over to the Alien* Provisos.*Status of persons formerly nationals of Germany, etc., but subsequently of other nations, etc. Property Custodian: *Provided, *That no person shall be deemed or held to be a citizen or subject of Germany or Austria or Hungary or Austria-Hungary for the purposes of this section, even though he was such citizen or subject at the time first specified in this subsection, if he has become or shall become, ipso facto or through exercise of option, a citizen or subject of any nation or State or free city other than Germany, Austria, or Hungary, (first) under the terms of such treatiesUnder treaties with belligerents. of peace as have been or may be concluded subsequent to November 11, 1918, between Germany or Austria or Hungary (of the one part) and the United States and/or three or more of the following-named powers: The British Empire, France, Italy, and Japan (of the other part), or (second) under the terms of such treaties as have been orUnder treaties between .such nations, etc., formerly enemy territory, with allied powers. may be concluded in pursuance of the treaties of peace aforesaid between any nation, State, or free city (of the one part) whose territories, in whole or in part, on August 4, 1914, formed a portion of the territory of Germany or Austria-Hungary and the United States and/or three or more of the following-named powers: The British Empire, France, Italy, and Japan (of the other part). For the purposesStatus if territory remains part of Germany, etc. of this section any citizen or subject of a State or free city which at the time of the proposed return of money or other property of such citizen or subject hereunder forms a part .of the territory of any one of the following nations: Germany, Austria, or Hungary, shall beEffect of receipt; therefor. deemed to be a citizen or subject of such nation. And the receipt of the said owner or of the person by whom said property was conveyed; transferred, assigned, delivered, or paid over to the Alien Property Custodian shall be a full acquittance and discharge of the Alien Property Custodian or the Treasurer of the United States, as the case may be, and of the United States in respect to all claims of all persons heretofore or hereafter claiming any right, title, or interest in said property, or compensation or damages arising from the capture of such property by the President or the Alien Property Custodian: 980 *Provided further, however, *That except as herein provided no suchLegal fights not impaired. action by the President shall bar any person from the prosecution of any suit at law or in equity to establish any right, title, or interest which he may have therein. “(c) Any person whose property the President is authorized toProceedings for recovery. return under the provisions of subsection
(b)hereof may file notice of claim for the return of such property, as provided in subsection
(a)hereof, and thereafter may make application to the President for allowance of such claim and/or may institute suit in equity to recover such property, as provided in said subsection, and with like effect. The President or the court, as the case may be, may make the sameDetermination of citizenship, etc. determinations with respect to citizenship and other relevant facts that the President is authorized to make under the provisions of subsection
(b)hereof. “(d) Whenever a person, deceased, would have been entitled, ifEstates of decedents. living, to the return of his money or other property hereunder, then his legal representative may proceed for the return of such property as provided in subsection
(a)hereof: *Provided, however, *That the* Proviso.*Conditions imposed. President or the court, as the case may be, before granting such relief shall impose such conditions by way of security or otherwise, as the President or the court, respectively, shall deem sufficient to insure that such legal representative will redeliver to the Alien Property Custodian such portion of the money or other property so received by him as shall be distributable to any person not eligible as a claim- , ant under subsections
(a)or
(c)hereof. “(e) No money or other property shall be returned nor any debtReturns to nationals of allied nations, subject to reciprocal action thereby. allowed under this section to any person who is a citizen or subject of any nation which was associated with the United States in the prosecution of the war, unless such nation in like case extends reciprocal rights to citizens of the United States; nor in any event shall a debt be allowed under this section unless it was owing to and owned by the claimant nrior to October 6, 1917, and as to claimants other than citizens of the United States unless it arose with reference to the money or other property held by the Alien Property Custodian or Treasurer of the United States hereunder. “(f) Except as herein provided, the money or other property conveyed,No other lien, etc., enforceable. transferred, assigned, delivered, or paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court. “(g) This section shall not apply, however, to money paid to theMoneys from patents, etc., excepted. Vol. 40, p. 420. Alien Property Custodian under section 10 hereof.” " Approved, June 5, 1920.