Page:United States Statutes at Large Volume 45 Part 1.djvu/315

 264 same fees and mileage as witnesses in courts of the United States. Such payments may be made in advance, and may be made in the first instance out of the German special deposit account, subject to reimbursement from the special deposit account (Austrian or Hun- garian, as the case may be) hereinafter provided for. (c) The Arbiter shall, upon the determination by him of the fair compensation in respect of all such patents, make a tentative award to each claimant of the fair compensation to be paid in respect of his claim, including simple interest, at the rate of 5 per centum per annum, on the amount of such compensation from July 2, 1921, to December 31, 1928, both dates inclusive. (d) The total amount to be awarded under this section shall not exceed $1,000,000, minus the sum of (1) the expenditures in carrying out the provisions of this section (including a reasonable estimate for such expenditures to be incurred prior to the expiration of the term of office of the Arbiter) and (2) the aggregate consideration paid by the United States in respect of the use, license, assignment, and sale of such patents (other than consideration which is returned to the United States under section 27 of the Trading with the Enemy Act, as amended). (e) If the aggregate amount of the tentative awards exceeds the amount which may be awarded under subsection (d ), the Arbiter shall reduce pro rata the amount of each tentative award. The Arbiter shall enter an award of the amount to be paid each claimant, and thereupon shall certify such awards to the Secretary of the Tr easury. (f) The Secretary of the Treasury is authorized and directed to pay the amount of the awards certified under subsection (e), together with simple interest thereon, at the rate of 5 per centum per annum, beginning January 1, 1929, until paid. (g ) The paymen ts aut horiz ed by subsec tion (f) sh all be made in accordance with such regulations as the Secretary of the Treasury may prescribe, but only out of the special deposit account (Austrian or Hungarian, as the case may be), created by section 7, and within the limitations hereinafter prescribed. (h) No payment shall be made under this section unless applica- tion therefor is made, within two years after the date the award is certified, in accordance with such regulations as the Secretary of the Treasury may prescribe. Payment of any amount in respect of any award -may be made, in the discretion of the Secretary of the Treas- ury, either in the United States or in Austria or in Hungary, and Direct to bone- either in money of the United States or in lawful Austrian or Hun- garian money (as the case may be), and shall be made only to the Ante, p. 258. person on behalf of whom the award was made, except in the cases specified in paragraphs (1) to (4) of subsection (k) of section 3. (i) The provisions of subsections (1), (m), and (o) of section 3 shall be applicable in carrying out the provisions of this section, except that the expenditures in carrying out the provisions of section 3 and this section shall be allocated (as nearly as may be) by the Arbiter and paid, in accordance with such allocation, out of the German special deposit account created by section 4 or the special deposit account (Austrian or Hungarian, as the case may be) created by section 7. Such payments may be made in the first instance out of the German special deposit account, subject to reimbursement from the Austrian or the Hungarian special deposit account in appropriate cases. (j) There is hereby authorized to be appropriated, to remain avail- able until expended, such amount, not in excess of $1,000,000, as may be necessary for carrying out the provisions of this section. T entat ive awar d to each claimant of fair compensation, with in- teres t. Interest period. Total amount l im- ited. Expenses and prior paym ents deducte d. Exception. Post,p. 274. Pro rata reduction if awards exceed total. Awards to be certi- fled. Payments directed. Regulatio ns for pay- ing from spe cial de- posits accounts. Post, p. 265. Time limit for mak- ing applications . Manner of payment . flciaries. Allocation of expenses from special deposits. If from German de- posit to be reimbursed from Austrian or Iiun- garian. Appropriation au- thorized. SEVENTIETH CONGRESS. SEss. I. Ca. 167. 1928.

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