Page:United States Statutes at Large Volume 49 Part 1.djvu/2061

 2016 74tH C ONGRESS. SESS. II. CH. 858 . JUNE 29, 1936. any national defense features previously paid for by the Unite d Sta tes), le ss a de duction from su ch fair actual value o f any con - struction differential subsidy allowed under this Act, and in no case shall such fair actual value be enhanced by the causes necessitating the taking. In the case of a vessel taken and used, but not pur- chased, the vessel shall be restored to the owner in a condition at least as good as when taken, less reasonable wear and tear, or the owner shall be paid an amount for reconditioning sufficient to place the vessel in such condition . The owner shall not be paid for any consequential damages arising from such taking or use . (b) Except in cases of vessels where a construction differential subsidy has been allowed and paid, in which case the value of the ves sel for the purposes of th is section shall be estab lished as provided in section 802, the Commission shall ascertain the fair compensation for such ta king or use an d shall certify to Cong ress th e amount so found by it to be due for appropriation and payment to the person entitled thereto. If the amount found by the Commission to be due is unsatisfactory to the person entitled thereto, such person shall be entitled to sue the United States for the amount of such just compensation and such suit shall be brought in the manner prescribed by paragraph 20 of section 24, or by section 145 of the Judicial Code, as amended (U. S. C., title 28, sees. 41, 250). SEC. 903 . The following Acts and parts of Acts shall stand repealed (a) All of the provisions of sections 3 to 8, inclusive, section 10, section 11, section 35, and section 43 of the Shipping Act, 1916, as amended. (b) All of the provisions of subsection (b) (4) of section 2, secti on 3, s ection 1 1, sect ion 14, and sec tion 35 of the Merchant Marine Act, 1920, as amended. (c) All of the provisions of sections 201, 301, 302, 401 to 413, inclusive, 601, and 702 of the Merchant Marine Act, 1928, as amended : Provided, That any contract lawfully entered into under authority of sections 401 to 413, inclusive, of such Act shall remain in full force and effect as though these sections were not repealed, subject, however, to the further provisions of this Act. (d) The las t senten ce in s ection 3 of the Interc oastal S hipping Act, 1933. SEC. 904. When ever the word s "U nite d Sta tes Shipp ing Boar d" or the words " the Boar d" are used in any pri or Act, such Ac ts are hereby amended so that such words shall be applicable to the United States Maritime Commission. SEC. 905. When used in this Act- (a) The wo rds "foreign trade" m ean trade between the United States, its Territories or possessions, or the District of Columbia, and a foreig n countr y. (b) The term "person" includes corporations, partnerships, and associations existing under or authorized by the laws of the United St ates, or any State, Terri tory, District, or possess ion thereof, or of any for eign co untry. "Citizen o f the Unit - (c) The words "citizen of the United States" include a corporation, ed State s . partnership, or association only if it is a citizen of the United U. S. C.,p. 2055. States within the meaning of section 2 of the Shipping Act, 1916, as amended (U. S. C., title 46, sec. 802). (d) The wor d "const ruction " inclu des outf itting and equi pping . SEC. 906 . If any provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provisions to other persons or cir- Vessel taken but not purchased . Fair value to be ascertained and certi- fied to Congress ; excep- t ion . Ante, p. 2011. Suit all owed if f ind- ing unsatisfactory. U. S. C., pp. 1230, 1261 . Acts, etc ., repealed . Vol . 39, pp . 729-730, 731, 738; Vol . 40, p . 90 3. U.S.C.,p .2054. Vol. 41, pp. 989, 993, 1007 . U.S.C .,p. 2062. Vol. 45, pp. 690-697 . U.S.C.,p.2068. Prov iso. Contracts previously entered into . Vol. 47, p .1426. U. S. C., p . 2061 . Appli catio n of terms . "Un it ed States Ship- pin g Bo ard" "the Board ." Defin ition s. "Foreign trade." "Person." "Construction ." Saving clause.