Page:United States Statutes at Large Volume 60 Part 1.djvu/955

This page needs to be proofread.

928 PUBLIC LAWS-CH. 878-AUG. 8, 1946 [60 STAT. court shall enter judgment affirming or modifying the schedule as pre- pared by the Custodian and directing payment, if any be found due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) hereof, pay- ment may be made. Pending the decision of the court on such com- plaint for review, and pending final determination of any appeal from such decision, payment may be made only to an extent, if any, con- sistent with the contentions of all claimants for review. Order of payments. "' (g) Debt claims shall be paid in the following order of priority: (1) Wage and salary claims, not to exceed $600; (2) claims entitled to priority under sections 191 and 193 of title 31 of the United States Code, except as provided in subsection (h) hereof; (3) all other claims for services rendered, for expenses incurred in con- nection with such services, for rent, for goods and materials deliv- ered to the debtor, and for payments made to the debtor for goods or services not received by the claimant; (4) all other debt claims. No payment shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) hereof, payment may be made permits payment in full of all allowed claims in every prior class. Debts not entitled " '(h) No debt of any kind shall be entitled to priority under any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of becoming a debt due or owing to the United States as a result of its acquisition by the Alien Property Custodian. Reie and r e medy "(i) The sole relief d remedy available to any person seeking satisfaction of a debt claim out of any property or interest which shall have been vested in or transferred to the Alien Property Cus- todian (other than any property or interest acquired by the United States prior to December 18, 1941), or the proceeds thereof, shall be the relief and remedy provided in this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section: Provided, Person asserting in- That no person asserting any interest, right, or title in any property terest, etc., in prop- ertyacquired byCus- or interest or proceeds acquired by the Alien Property Custodian, shall be barred from proceeding pursuant to this Act for the return thereof, by reason of any proceeding which he may have brought pursuant to this section; nor shall any security interest asserted by the creditor in any such property or interest or proceeds be deemed to have been waived solely by reason of such proceeding. The Alien Property Custodian shall treat all debt claims now filed with him dSutogtanstor t igin as claims filed pursuant to this section. Nothing contained in this section shall bar any person from the prosecution of any suit at law or in equity against the original debtor or against any other person who may be liable for the payment of any debt for which a Nonliability of pur- claim might have been filed hereunder. No purchaser, lessee, licensee hae, etc. or other transferee of any property or interest from the Alien Prop- erty Custodian shall, solely by reason of such purchase, lease, license, or transfer, become liable for the payment of any debt owed by the person who owned such property or interest prior to its vesting in Discharge of in- or transfer to the Alien Property Custodian. Payment by the Alien debtede. Property Custodian to any debt claimant shall constitute, to the extent of payment, a discharge of the indebtedness represented by the claim. Power to hold hear. - SEc. 35. The officer or agency empowered to entertain claims ings, etc. 41 Stat. 977. under sections 9 (a), 32, and 34 hereof shall have power to hold such 50 U. S.C. ap 9(a). pp- hearings as may be deemed necessary; to prescribe rules and regula- Ant, pp. 50, 9 25. tions governing the form and contents of claims, the proof thereof, and all other matters related to proceedings on such claims; and in connection with such proceedings to issue subpenas, administer oaths,