Page:United States Statutes at Large Volume 60 Part 1.djvu/953

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PUBLIC LAWS-CH. 878-AUG. 8, 1946 35 Stat. 1088, 1089. amended, sections 1-6 of the Criminal Code (18 U. S. C . 1 -6), title I 0so . . C. §s31-38. of the Act of June 15, 1917 (ch. 30,40 Stat. 217), as amended; the Act 10o6° pSp.V §§ 101, of April 20, 1918 (ch. 59, 40 Stat. 534), as amended; the Act of June 10'4 . s 8, 1934 (ch. 327, 52 Stat. 631), as amended; the Act of January 12, 616; Sipp. V, §§ 611- 1938 (ch. 2, 52 Stat. 3); title I, Alien Registration Act, 1940 (ch. 439, 62 . 4 54 Stat. 670); the Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or 45d. . . - the Act of June 25, 1942 (ch. 447, 56 Stat. 390). Any defense to the 14-17. payment of such claims which would have been available to the debtor v, app: 5i 7s1-785.u shall be available to the Custodian, except that the period from and after the beginning of the war shall not be included for the purpose Elible claimants f determining the application of any statute of limitations. Debt claims allowable hereunder shall include only those of citizens of the United States or of the Philippine Islands; those of corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia or the Philippine Islands; those of other natural persons who are and have been since the beginning of the war residents of the United States and who have not during the war been interned or paroled pursuant to the Alien 40 Stat. 531. Enemy Act (50 U. S . C . 21); and those acquired by the Custodian. Legal representatives (whether or not appointed by a court in the United States) or successors in interest by inheritance, devise, bequest, or operation of law of debt claimants, other than persons who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been. failteoclaimbarredr i '(b) The Custodian shall fix a date or dates after which the etc. filing of debt claims in respect of any or all debtors shall be barred, and may extend the time so fixed, and shall give at least sixty days' notice thereof by publication in the Federal Register. In no event shall the time extend beyond the expiration of two years from the date of the last vesting in or transfer to the Custodian of any prop- erty or interest of a debtor in respect of whose debts the date is fixed, or from the date of enactment of this section, whichever is later. No debt shall be paid prior to the expiration of one hundred and twenty days after publication of the first such notice in respect of the debtor, nor in any event shall any payment of a debt claim be made out of any property or interest or proceeds in respect of which a suit or proceeding pursuant to this Act for return is pend- ing and was instituted prior to the expiration of such one hundred and twenty days. Examination by "'(C) The Custodian shall examine the claims, and such evidence in respect thereof as may be presented to him or as he may introduce into the record, and shall make a determination, with respect to Moneyavaiable for each claim, of allowance or disallowance, in whole or in part. payments. '(d) Payment of debt claims shall be made only out of such money included in, or received as net proceeds from the sale, use, or other disposition of, any property or interest owned by the debtor immediately prior to its vesting in or transfer to the Alien Property Custodian, as shall remain after deduction of (1) the amount of the expenses of the Office of Alien Property Custodian (including both expenses in connection with such property or interest or proceeds thereof, and such portion as the Custodian shall fix of the other expenses of the Office of Alien Property Custodian), and of taxes, Pot,p . 929. as defined in section 36 hereof, paid by the Custodian in respect of such property or interest or proceeds, and (2) such amount, if any, Ratable payments. as the Custodian may establish as a cash reserve for the future payment of such expenses and taxes. If the money available here- under for the payment of debt claims against the debtor is insufficient for the satisfaction of all claims allowed by the Custodian, ratable payments shall be made in accordance with subsection (g) hereof 926 [60 STAT.