Page:United States Statutes at Large Volume 55 Part 1.djvu/267

 PUBLIC LAWS-CHS. 168, 174-JUNE 3, 6, 1941 Rules and regula- SEC. 3. The provisions of section 2 of this Act and of section 7 tions. 54 Stat. 679. of the Act of June 28, 1940 (Public, Numbered 671), shall be admin- note1 8 . ., pree. 1 istered in accordance with such rules and regulations as the President may prescribe. Duration. SEC. 4. The provisions of this Act shall be effective during the national emergency declared by the President on September 8, 1939, to exist, and shall terminate June 30, 1942, unless the Congress shall otherwise provide. Approved, June 3, 1941. [CHAPTER 174] AN ACT June 6, 1941 [H. R. 4466] To authorize the acquisition by the United States of title to or the use of domestic [Public Law 101] or foreign merchant vessels for urgent needs of commerce and national defense, and for other purposes. Be it enacted by the Senate and House of Representatives of the tioEmergencSUiSior United States of America in Congress assembled, That whereas Con- foreign merchant ves- gress has power to provide for the common defense and general welfare sel s. and to regulate commerce with foreign nations and whereas for this purpose embargo Acts and nonintercourse Acts have from time to time been passed and whereas the commerce of the United States is at the present time interrupted and the general welfare of its citizens is threatened and an emergency has been declared, for the purposes of national defense, during the existence of the national emergency 54 stat. 264 p. declared by the President on September 8, 1939, to exist, but not after prec. § note. o June 30, 1942, the President is authorized and empowered, through Utilization of idle foreign merchant ves such agency or officer as he shall designate, to purchase, requisition, sels. for any period during such emergency charter or requisition the use of, or take over the title to, or the possession of, for such use or disposition as he shall direct, any foreign merchant vessel which is lying idle in waters within the jurisdiction of the United States, including the Philippine Islands and the Canal Zone, and which is necessary to the openrsation. national defense: Provided, That just compensation shall be deter- mined and made to the owner or owners of any such vessel in accord- 49 Stat.2 1242 ance with the applicable provisions of section 902 of the Merchant 46 U.S.C. §1242. Mannerofpayment. Marine Act, 1936, as amended: Providedfurther, That such compensa- tion hereunder shall be deposited with the Treasurer of the United Claims and States, and the fund so deposited shall be available for the payment oClaim lis f such compensation, and shall be subject to be applied to the payment of the amount of any valid claim by way of mortgage or maritime lien or attachment lien upon such vessel, or of any stipulation there- for in a court of the United States, or of any State, subsisting at the uit n admiralty time of such requisition or taking of title or possession; the holder of any such claim may commence within six months after such deposit with the Treasurer and maintain in the United States District Court from whose custody such vessel has been or may be taken or in whose territorial jurisdiction the vessel was lying at the time of requisitioning or taking of title or possession, a suit in admiralty according to the principles of libels in rem against the fund, which shall proceed and mencement f be heard and determined according to the principles of law and to the suiCt. rules of practice obtaining in like cases between private parties; and such suit shall be commenced in the manner provided by section 2 of 46 U.S. C2.742. the Suits in Admiralty Act and service of process shall be made in the manner therein provided by service upon the United States attorney and by mailing by registered mail to the Attorney General and the United States Maritime Commission and due notice shall under order of the court be given to all interested persons, and any decree shall be subject to appeal and revision as now provided in other cases of 242 [55 STAT.

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