Page:United States Statutes at Large Volume 45 Part 1.djvu/311

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SEVEN TIET H CONGRESS . SEss . I. Cu. 167. 1928 . plus the amounts necessary for the expenditures authorized by sub- sections (c) and (m) of this section (expenses of administration), Aggreg ate limited . except th at the aggrega te of such ap propriations shall not exce ed $100,000,000 . Provisions exclusive

(q) The provisions of this section shall constitute the exclusive method for presenting and payin g claims . method for the presentation and payment of claims arising out of any of the acts by or on behalf of the United States for which this section provides a remedy . Any person who files any claim or makes application for any payment under this section shall be held to Claims for "Carl have consented to all the provisions of this Act . This subsection shall Diederichsen" and "Johanne,"notbarred . not bar the presentation of a claim under section 21 (relating to the claims of certain former German nationals in respect of the taking Post, p. 277•

of the vessels " Carl Diederichsen " and " Johanne ") ; but no award Restriction. shall be made under section 21 in respect of either of such vessels to or on behalf of any person to whom or on whose behalf an award is made under this section in respect of such vessel . Award app ortioned If two or more claims .

(r) If the aggregate amount to be awarded in respect of any . vessel, radio station, or patent is awarded in respect of two or more claim s, suc h amou nt sh all be appor tioned amon g such claims by the Arbiter as he determines to be just and equitable and as the interests of t he claimants may appear . Pro rata payments of tentative awards .

(s) The Secretary of the Treasury, upon the certification of .4 ate,p. 257. any o f the tentat ive a wards made u nder s ubsec tion (d) of this section and the recommendation of the Arbiter, may make such pro rata payments in respect of such tentative awards as he deems Aggregate limited. advisable, but the aggregate of such payments shall not exceed $25,000,000. German special de-

GERMAN SPECIAL DEPOSIT ACCOUNT posit account . Created for disburs- ing all payments under SEC . 4 . (a) There is hereby created in the Treasury a German Clai ms C omm issi on special deposi t account, in to which shal l be deposited all funds and Arbiter. hereinafter specified and from which shall be disbursed all pay- ments authorized by section 2 or 3, including the expenses of admin- istration authorized under subsections (c) and (m) of section 3 and subsection (e) of this section . Sources .

(b) The Secretary of the Treasury is authorized and directed to sum s from Custo - deposit in such special deposit account- dian .

(1) All sums invested or transferred by the Alien Property Post, p . 268.

Custodian, under the provisions of section 25 of the Trading with the Enemy Act, as amended ; Awards to Germans .

(2) The amounts appropriated under the authority of section 3 (relating to claims of German nationals)

and

ac coun t o neyt of rec ei ved Mixed on

(3) All money (i ncluding the proceeds of an y property, r ights, Claims commission or benefits whic h may be sold or otherwise disposed of, upon such terms as he may prescribe) received, whether before or after the enactment of this Act, by the United States in respect of claims of the United States against Germany on account of the awards of the Mixed Claims Commission . Priority of payments directed . (c) The Secretary of the Treasury is authorized and directed, out of the funds in such special deposit account, subject to the pro- visions of subsection ( d) , and in th e following or der of priori ty- pen ses . Administration ex-

(1) T o make the pa yments of expe nses of admin istration aut hor- ized by subsections (c) and (m) of section 3 or subsection (e) of Awards for death or this section ; personal injur y .

( 2) To make so much of each payment authorized by subsection Ante, p. 254. (b) of section 2 (relating to awards of the Mixed Claims Com- mission), as is attributable to an award on account of death or personal injury, together with interest thereon as provided in sub- section (c) of section 2 ;