Page:United States Statutes at Large Volume 42 Part 1.djvu/1538

 sxxrr-snvmrrn couensss. sm Iv. om. 284, 285. 1923. 1511 United States, in the foreclosure of a mortga e, or the sale upon a judgement, of such real estate shall be barred gorever from asserting such claim unless the claim is successfully asserted in an action or proceeding, in a court of competent jurisdiction, commenced prior. to the approval of this Act or within one year thereafter. Approved, March 4, 1923. CHAP. 285.-An Act To amend the Trading with the Enemy Act. ?glu1i1.l,4]2ilg§] Be it enacted by the Senate and House o Re entativee 0 the. United States of Amenba in Oangreea asse1{•.ble£M'I`:hat sectionf9 of mw! mh m th§d"Tra;lil1ig with the Enemy Act,” as amended, is amendedto ,,Y°"“·""*"‘“"°' re as o ows: {Sec. 9. (a_) That any person not an enemy or ally of enemy ¤rt(iri8h1il:1%·”m claiming any interest, right, or title in any money or other property §{Yf’°§$,,d°§§,°°,‘}’,f,‘g; which may have been conveyed, transferred, assigned, delivered, or ¤¤¤¤=¤¤¤¤¤¤¤¥· paid to the Alien Property Custodian or wized by him hereunder and held by him or by the Treasurer of the United States, or to whom any ebt may be owing from an enemy or ally of enemy whose PIOPGQ or any part thereo shall have been conveyed, transferred, assign, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of N°°i°°°'*t°m°d’“°‘ 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 application is made therefor by the claimant, may order the payment, convey- °¤¤*· ance, transfer, assignment, or delivegyi to said claimant of the money or other property so held bguthe en    or by the Treasurer of the United tes, or of the mterest therem to which ,,M,”_ the President shall determine said claimant is entitled: Provided, mLh¤.•u—;ét1g»¤¤ That no such order by the President shall bar any person from the °°t ‘ prosecution of any suit at law or in equity against the claimant to establish anly rig t, title, or interest which he may have in such Sm m od to money or other property. If the President shall not so order within tabliabintgr'est,etc.°s- 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 institute a suit in equity ,,,,.,,,,,,,,,,,,,_,c,,¤m_ in the Supreme Court of 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 mterest, right, title, or debt so claime , and if so established the court shall o er the payment conveyance, ,,§;{'g‘$;,,,‘f°°·· °“ transfer, assignment, or delivem said claimant of the money or other property so held by the 1en Property Custodian or by the Treasurer of the United States or the interest therem_to whic the mmum 0, pw court shall determine said claimant is entitled. If suit shall be so my umn judgxnmt instituted, then such money or property shall be retained in the °"‘°"°"·°‘°· custodiy of the Alien Property Custodian, or in the Treasiry of the Unite States, as provided in this Act, and until any iinal judgi ment or decree which shall be entered in favor of the c aimant sha 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.