Page:United States Statutes at Large Volume 57 Part 1.djvu/61

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PUBLIC LAWS-CH. 26-MAR . 24 , 1943 istration or operated by, or for the account of, or at the direction or under the control of the Commission or the Administration, has suf- fered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance 54 Stat. 68. under Subtitle-Insurance of Title II of the Merchant Marine Act, II, s§ 128-1128g. 1936, as amended by this Act, the Administrator may declare that ppA.'P 47; p, 5. such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort Limitation, and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Application of pay- Subtitle-Insurance of Title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss Finality of actions. or injury. The declarations, findings, and actions of or by the Administrator under this subsection shall be final and conclusive. Emergency acquvsi- SEC. 3. (a) The second proviso of section 1 of the Act of June 6, 55 Stat. 242 . 1941 (Public Law 101, Seventy-seventh Congress), as amended, is note pree. SilsP. hereby amended to read as follows: "Provided further, That such mentnner of pay - compensation hereunder, or advances on account thereof, shall be deposited 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 stipulation therefor in a court of the United States, or of any State, subsisting at the time of such Suit in admiralty. requisition or taking of title or possession; the holder of any such claim may commence prior to June 30, 1943, or within six months after the first such deposit with the Treasurer and publication of notice thereof in the Federal Register, whichever 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 jurisdic- tion the vessel was lying at the time of requisition 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 deter- mined 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 subsequent deposits of compensation; and such suit shall be commenced in the manner pro- 41 Stat. 525 . 46U. S.c. 742. vided by section 2 of 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 Chagenow provided in other cases of admiralty and maritime jurisdiction." uisition to use requisi- (b) The Administrator, War Shipping Administration, may deter- tion. mine at any time prior to the payment in full or deposit in full with the Treasurer of the United States, or the payment or deposit of 75 per centum, of just compensation therefor that the ownership of any vessel (the title to which has been requisitioned pursuant to 4 Stat.2015; 5 section 902 of the Merchant Marine Act, 1936, as amended, or the 46 U. S . C. 1242; Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress)), Supp. II, note prec. 1101. p is not required by the United States, and after such determination so pP.49- 1 . has been made and notice thereof has been published in the Federal Register, the use rather than the title to such vessel shall be deemed [57 STAT.