Page:United States Statutes at Large Volume 57 Part 1.djvu/62

 57 STAT.] 78TH CONG. , 1 ST SESS.-CH. 26-MAR. 24, 1943 to have been requisitioned for all purposes as of the date of the original taking: Provided, however, That no such determination shall be made with respect to any vessel after the expiration of a period of two months after the date of delivery of such vessel pursuant to title requisition except with the consent of the owner. Except as pro- vided by Executive Order Numbered 9001-A, December 27, 1941, such 13CFR. 11 upp. a determination may be made by the Administrator, War Shipping Administration, with respect to any vessel title to which has been requisitioned pursuant to the Act of June 6, 1941 (Public Law 101, 5 Stat. 24 ., upp Seventy-seventh Congress), and which vessel thereafter has been lost or II, note prec. 1101. Ante, p. 48; post, destroyed or converted to naval or military use by the United States, p.51. upon owner's consent and certification by the Secretary of State that understanding had been reached between the United States and the diplomatic representatives of the country of which the owner of such vessel was a national, that such title requisition instead of requisition for use was necessitated by the circumstances existing at the date of requisitioning, but that such vessel should be returned after the termination of the national emergency declared by the President on 55sat 1647 pp. May 27, 1941. n, ap., _note prec.§ 1. (c) In the event that a vessel the title or use and possession of Requsitioed ves- which is requisitioned or taken pursuant to section 902 of the Merchant Marine Act, 1936, as amended, or the Act of June 6, 1941 (Public 49Stat. 2015; 56 Law 101, Seventy-seventh Congress), is in the custody of any court, 46 U. S. C. 1242; State or Federal, it shall be the duty of all agents and officers of the i I note prec. court having possession, custody, or control of said vessel, forthwith I fra. ~o sse ssion, Ante, p. 48; podt, upon the filing with the clerk of said court of a certified copy of the p.61. order of requisitioning or taking, and without further order of the court, to comply with said requisitioning or taking and to permit the representatives of the United States Maritime Commission or the War Shipping Administration, as the case may be, to take possession, custody, and control of said vessel. (d) Section 902 of the Merchant Marine Act, 1936, as amended, is 5Sstat. 1256. hereby amended by adding at the end of subsection (d) thereof a paragraph to read as follows: "The existence of any valid claim by way of mortgage or maritime Valid claimsagainst claim or attachment lien upon such vessel shall not prevent the taking thereof pursuant to this section: Provided,however, That in the event Mam t er of pay any such claim exists the United States Maritime Commission may in its discretion deposit such portion of the compensation hereunder, or advances on account thereof, as may equal but not exceed the amount of such claims in respect of the vessel, with the Treasurer of the United States, and the fund so deposited shall be available for the payment of 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 stipu- lation therefor in a court of the United States, or of any State, sub- sisting at the time of such requisition or taking of title or possession; the holder of any such claim may commence prior to June 30, suit in admiralty. 1943, or within six months after the first such deposit with the Treas- urer and publication of notice thereof in the Federal Register, which- ever date is later, 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 requisition- ing 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 be heard and determined according to the principles of law and to the rules of practice obtaining in like cases between private parties, and any decree in said suit shall be paid out of the first and all sub- sequent deposits of compensation; and such suit shall be commenced 81077"--44 -PT. I---4 49

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