Page:United States Statutes at Large Volume 40 Part 1.djvu/438

 SIXTY-FIFTH CONGRESS. Sess. I. Ch. 106. 1917. 419 or presentation or demand served or made on the alien roperty custodian in accordance with the law and the terms of such instrument or contract and under such rules and regulations as the Emm President shall prescribe; and such notice and such presentation and demand shall have, in all respects, the same force and effect as if duly served or made upon the enemty or allly of enemy personally: ,,m,m_ Pmmkled, That no such rule or regu ation s all require that notice uLi¤;mm¤¤ _ on noor presentation or demand shall be served or made in any case in °°’° °"'°°“"""°““‘ which, by law or by the terms of said instrument or contract, no notice, presentation or demand was, prior to the passage of this ` Act,’required; and that in case where, by law or by the  of such instrument or contract, notice is re uired, no longer per1od_of notice Disposal 0, surplus shall be required: Pr0videdfurther,qT`hat if, on any such disposition arm aasa¢a¤¤,ac. of property, a s lus shall remain after the satisfaction of the mortgage, pledgetlrlien, or other right in the nature of security, notice of that fact shall be given to the President pursuant to such ' rules and regulations as he may prescribe, and such surplus shall be held subject to his further order. _ _ (b) That any contract entered into prior to the begmning of the ,,.,,‘§§'Y,;‘,§‘§?',§,,,§¥,0°{’,§’g war between any citizen of the United States or any cp-poration W M with gééglvczgéf organized within the United States, and an enemy or_ y of an ` enemy, the terms of which provide for the dehvery, during or after any war in which a present enemy or ally of enemy nation has been or is now engaged, of an thing produced, mined, or manufactured _ in the United States, may lie abrogated by such citizen or corp0ration N°“°° ‘°°““°‘“°“· by serving thirty days’ notice in writing upon the alien property custodian of his or its election to abroggize such contract. Swim Ommimm (c) The runn` of any statute of itations shall be sus ended suspended as to am. with reference thugie rights or remedies on any contract or obliigation §,"§f§,'§{,,p,?,§'§,P§,,',Y,Y;‘§; entered into prior to the  of the war between parties neither of whom is an enemy or y of enemy, and contain' any promise ‘ to pay or liability for payment which is evidenced bxafts or other commercial paper drawn ainst or secured by funds or other property situated in an enemy or ?.ly of enemy country, and no suit shall be maintained on any such contract or obligation in an court within the United States until after the end of the war, or untily the said funds or property shall be released for the payment or satisfaction of such p,,,,,,_,,,_ contract or obligation: Prmrokied, however, That nothin? herein con- n0j’$;{°d¤¤¤P¤¤S*¤¤¤ tained shall be construed to prevent the suspension o the running ` of the statute of limitations in all other cases where such suspension would occur under existing law. Cmmsb th um Sec. 9. That any person, not an enemy, or all of enemy, claim- enemies sgiiisiirpmp. ing any interest, right, or title in any money or other property which °'°’h°“ by °"’°°‘"°“· may have been conveyed, transferred, assigned, delivered, or paid to the alien roperty custodian hereunder, and held by him or by the Treasurer ofp the United States, or to whom any debt may be ow` from an enemy, or ally of enemy, whose property or any part theriigi shall have been conveyed, transferred, assigned, delivered, or paid to the_ alien roperty custodian hereunder, and held by him or by the Treasurer oip the United States, may file 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 pahyriieiixiiiflgygiiitiei application is made therefor by the claimant, may, with the assent of °‘°· ‘ t e owner of said property and of all persons claiming any right, title, or interest therein, 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 b the Treasurer of the Lnited_States or of the interest therein to which the President shall determine said claimant is entitled; Provided, That no such order by §§g,_'§‘,§’;,g,,,,,,, ,,8,,,,, the President shall bar any plerson from the prosecution of any suit msmmma. · at law or in equity against the claimant to establish any right, title