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Citation: 41 Stat. 1914-1921

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978 SIXTY-SIXTH CONGRESS. SEss. II. CO. 241. 1920.Ri.st claim termine said claimant is entitled: Provided, That no such order byants not barred, the President shall bar any person from the prosecution of any suit

Suitallowed, after the at law or in equity against the claimant to establish any right, title,war, to establish in. or interest which he may have in such money or other property. Ifterest, etc. the President shall not so order within sixty days after the filing ofsuch application or if the claimant shall have filed the notice as aboverequired and shall have made no application to the President, saidclaimant may, at any time before the expiration of six months afterJu ris dict ion of the end of the war institute a suit in equity in the Supreme Court ofcourts. the District of Columbia or in the district court of the United Statesfor the district in which such claimant resides, or, if a corporation,where it has its principal place of business (to which suit the AlienProperty Custodian or the Treasurer of the United States, as thecase may be, shall be made a party defendant), to establish thePayment, etc., on interest, right, title, or debt so claimed, and if so established theorder of court. court shall order the payment, conveyance, transfer, assignment, ordelivery to said claimant of the money or other property so held by

the Alien Property Custodian or by the Treasurer of the United Statesor of the interest therein to which the court shall determine'saidte ntin claimant is entitled. If suit shall be so instituted, then such moneyor property shall be retained in the custody of the Alien PropertyCustodian, or in the Treasury of the United States, as provided in thisAct, and until any final judgment or decree which shall be enteredin favor of the claimant shall be fully satisfied by payment or con-veyance, transfer, assignment, or delivery by the defendant, or by theAlien Property Custodian, or Treasurer of the United States on orderof the court, or until final judgment or decree shall be entered againstthe claimant or suit otherwise terminated.Designated owner- "(b) In respect of all money or other property conveyed, trans-ship of property. ferred, assigned, delivered, or paid to the Alien Property Custodianor seized by him hereunder and held by him or by theTreasurer of theUnited States, if the President shall determine that the owner thereofat the time such money or other property was required to be so con-veyed, transferred, assigned, delivered, or paid to the Alien PropertyCustodian or at the time when it was voluntarily delivered to him orwas seized by him was-By other than na- "(1) A citizen or subject of any nation or State or free city othertionals of Germany,eti. than Germany or Austria or Hungary or Austria-Hungary, and is at

the time of the return of such money or other property hereunder acitizen or subject of any such nation or State or free city; orywoma ofneutral "(2) A woman who at the time of her marriage was a subject ornation married to (jer-man, etc. citizen of a nation which has remained neutral in the war, or of aPost, p. 1147. nation which was associated with the United States in the prosecu-

tion of said war, and who prior to April 6, 1917, intermarried with aCondition. subject or citizen of Germany or Austria-Hungary and that the moneyor other property concerned was not acquired by such woman eitherdirectly or indirectly from any subject or citizen of Germany orAustria-Hungary; orBy woman, Amen- "(3) A woman who at the time of her marriage was a citizen of thecan born citizen, mar-ned to German, etc. United States (said citizenship having been acquired by birth in thePost, p. 1147. United States), and who prior to April 6, 1917, intermarried with aCondition. subject or citizen of Germany or Austria-Hungary, and that the

money or other property concerned was not acquired by such womaneither directly or indirectly from any subject or citizen of Germanyor Austria-Hungary; orBy diplomatic, eta., "(4) A citizen or subject of Germany or Austria or Hungary oroffcr of Germany,tc. United States, Austria-Hungary and was, at the time of the severance of diplomaticwhnreltisevered, relations between the United States and such nations, respectively,accredited to the United States as a diplomatic or consular officer ofany such nation, or the wife or minor child of such officer, and that

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SIXTY-SIXTH CONGRESS. SEss. II. CH. 241. 1920. 979the money or other property concerned was within the territory ofthe United States by reason of the service of such officer in suchcapacity; or"(5) A citizen or subject of Germany or Austria-Hungary, who by By interned alienenemy, living in Unit-virtue of the provisions of sections 4067, 4068, 4069, and 4070 of the ed States.Revised Statutes, and of the proclamations and regulations there- R. S., sees., 4067-under, was transferred, after arrest, into the custody of the War Vol. 40,p. 531.Department of the United States for detention during the war and isat the time of the return of his money or other property hereunderliving within the United States; or"(6) A partnership, association, or other unincorporated body of hy foreiti parer-individuals outside the United States, or a corporation incorporated ipseorpratons, etc.within any country other than the United States, and was entirelyowned at such time by subjects or citizens of nations, States, or freecities other than Germany or Austria or Hungary or Austria-Hungaryand is so owned at the time of the return of its money or other prop-erty hereunder; or

"(7) The Government of Bulgaria or Turkey, or any political or Bya a or Tumkey.municipal subdivision thereof; or"(8) The Government of Germany or Austria or Hungary or Diplomatic, etc., property, of GermanyAustria-Hungary, and that the money or other property concerned or Austria.was the diplomnatic or consular property of such Government- amnectthen the President, without any application being made therefor, Payment, etc., toparty entitled thereto,may order the payment, conveyance, transfer, assignment, or de- may be ordered with-livery of such money or other property held by the Alien Property out any application.Custodian or by the Treasurer of the United States, or of the interesttherein to which the President shall determine such person entitled,either to the said owner or to the person by whom said property wasconveyed, transferred, assigned, delivered, or paid over to the Alien S- of personsProperty Custodian: Provided, That no person shall be deemed or formerly nationals ofGermany, etc., butheldto be a citizen or subject of Germany or Austria or Hungary or subsequently of otherAustria-Hungary for the purposes of this section, even though he was nations, etc.such citizen or subject at the time first specified in this subsection, ifhe has become or shall become, ipso facto or through exercise of option,a citizen or subject of any nation or State or free city other than Under treaties withGermany, Austria, or Hungary, (first) under the terms of such treaties belligerents.of peace as have been or may be concluded subsequent to November11, 1918, between Germany or Austria or Hungary (of the one part)and the United States and/or three or more of the following-namedpowers: The British Empire, France, Italy, and Japan (of the other Under treaties be-part), or (second) under the terms of such treaties as have been or tweendinch nations,may be concluded in pursuance of the treaties of peace aforesaid etc., formerly enemyterritory, with alliedbetween any nation, State, or free city (of the one part) whose ter- powers.ritories, in whole or in part, on August 4, 1914, formed a portion of theterritory of Germany or Austria-Hungary and the United Statesand/or three or more of the following-named powers: The British Status if territoryEmpire, France, Italy, and Japan (of t e other part). For the pur- remains part of Ger-poses of this section any citizen or subject of a State or free city which many, etc.at the time of the proposed return of money or other property of suchcitizen or subject hereunder forms a part of the territory of any oneof the following nations: Germany, Austria, or Hungary, shall be Effect of receiptdeemed to be a citizen or subject of such nation. And the receipt of therefor.the said owner or of the person by whom said property was conveyed,transferred, assigned, delivered, or paid over to the Alien PropertyCustodian shall be a full acquittance and discharge of the AlienProperty Custodian or the Treasurer of the United States, as the casemay be, and of the United States in respect to all claims of all per-sons heretofore or hereafter claiming any right, title, or interest insaid property, or compensation or damages arising from the captureof such property by the President or the Alien Property Custodian:

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980 SIXTY-SIXTH CONGRESS. SESS. It. CHs. 241, 242. 1920.Legal r~glits not in- Provided further, however, That except as herein provided no suchpaired, action by the President shall bar any person from the prosecution of

any suit at law or in equity to establish any right, title, or interestwhich he may have therein.Proceedings for re- " (c) Any person whose property the President is authorized tocovery. return under the provisions of subsection (b) hereof may file noticeof claim for the return of such property, as provided in subsection (a)hereof, and thereafter may make application to the President forallowance of such claim and/or may institute suit in equity to recoversuch property, as provided in said subsection, and with like effect.

Determination o f The President or the court, as the case may be, may make the samecitizenship, etc. determinations with respect to citizenship and other relevant factsthat the President is authorized to make under the provisions ofsubsection (b) hereof.Estates of decedents. " (d) Whenever a person, deceased, would have been entitled, ifliing, to the return of his money or other property hereunder, thenhs legal rereturn of such propertyProvie,. as provide d in subsection (a) hereof: Provided, however, That theCondlions smposed. President or the court, as the case may be, before granting such reliefshall impose such conditions by way of security or otherwise, as thePresident or the court, respectively, shall deem sufficient to insurethat such legal representative will redeliver the Alien PropertyCustodian such portion of the money or other property so receivedby him as shall be a to any person not eligible as a claim-ant under subsections (a) or () hereof.Returns to nationals " Noof allied nations, sub- money or other proerty s renyvd

ject to reciprocal ac- allowed under this section to any person who is a citizen or subjecttion thereby, of any nation which was associated with the United States in theFurther restrictions. prosecution of the war, unless such nation in like case extends re-

ciprocal rights to citizens of the United States; nor in any event shalla debt be allowed under this section unless it was owing to and ownedby the claimant prior to October 6, 1917, and as to claimants otherthan citizens of the United States unless it arose with reference tothe money or other property held by the Alien Property Custodianor Treasurer of the United States hereunder.No other lien, etc., 6(f) Except as hreinenforeeable. e provided, the money or other property con-veyed, transferred, assigned, delivered, or paid to the Alien PropertyCustodian, shall not be liable to lien, attachment, garnishment, trustee

Moneys fro t- process, or execution, or subject to any order or decree of any court.et, 4to.,eepte. " (g) This section shall not apply, however, to money paid to theVol. 40,. Alien Property Custodian under section 10 hereof."Approved, June 5, 1920.

June 5,1920.[S. 289.] CHAP. 242.-An Act For the consolidation of forest lands in the Sierra National[Public, No. 253.] Forest, California, and for other purposes.Sierra National For- Be it enacted by the Senate andHouse of Representativesof the Unitedesk Calif. States of America in Congress assembled, That the Secretary of thewithi, authori Interior be, and hereby is, authorized in his discretion to accept onbehalf of the United States title to any lands within the SierraNational Forest, California, if in the opinion of the Secretary ofAgriculture the public interests will be benefited thereby and thelands are chiefly valuable for national forest purposes, and in ex-change therefor may give not to exceed an equal value of such na-tional forest land or timber within the national forests of California

as may be determined by the Secretary of Agriculture, and in deter-mining the relative values of the lands or timber to be exchanged,consideration shall be given to any reservations which either partymay make of timber, minerals, or easements.

H i O li 41 St t 980 1914 1921