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 250 SEVENTIETH CONGRESS. SEss. I. CHs. 154, 155, 158 . 1928 . thousand feet concave to the southeast, a distance of one thousand five hundred and seventy and eighty one-hundredths feet to a point in the northerly line of section 2, township 17 south, range 18 east, San Bernardino base and meridian, which point is eight hundred and twenty-eight and forty-two one-hundredths feet easterly of the northwest corner of the last-mentioned section 2 ; thence easterly along the northerly line of sections 1 and 2, township 17 south, range 18 east, San Bernardino base and meridian, to its intersection with the center line of the California State highway extending fro m Holtville, California, t o Yuma, Arizon a : Pro vid ed, That the Secretary of the Interior be, and he hereby is, authorized, as a condition precedent to the granting of said parcels of land for the purposes herein specified, to prescribe such conditions, to impose such limitations and reservations and to require such bonds or undertakings as he may deem necessary in order to protect valid existing rights in and to said lands, including reclamation and p ubl ic wat er res erv e pur pos es : Provided furth er, That the grant herein made shall not apply to the southwest quarter, section 1, towns hip 17 south, range 16 east, San Bernard ino meridian. Sac. 2 . That the land herein ceded shall revert back to the United States when same shall cease to be used as a public highway. Appr oved, March 8, 19 28. Provisos . Protection of existing rights. Lands excluded. Reversion for non. user. March 8, 1928. [8.J. Res.66.] CHAP. 155 .-Joint Resolution Authorizing an additional appropriation to be [Pub. Res., No.14.] used for the memo rial buildin g provided fo r by a joint resolution entitled "Jo int resolution in relation to a monument to commemorate the services and sacrifices of the women of the United States of America, its insular possessions, and the Distric t of Columbia in the World War," approve d June 7, 1924. Resolved by the Senate and House o f Representatives of the United States o f America in Congress assembled, That there is authorized to be appropriated, in addition to the sum authorized to be appropriated by a joint resolution entitled "Joint resolution in relat ion to a monu ment to commem orate the ser vices and sac rifices of the women of the United States of America, its insular possessions, and the District of Columbia in the World War," approved June 7, 1924, the sum of $50,000 to be used for the erection and equipment of the memorial building provided for by such joint resolution. Dis burse ment not Such su m shall be ex pended under t he direction of the commiss ion contingent on private 7 subscriptions. consist ing of the ch airman of the Senate Commit tee on the Lib rary Vol. 43, p. 666. and the chairman of the House Committee on the Library, created by such joint resolution, and its disbursement shall not be contingent upon an y private sub scription. Approved, March 8, 1928. District of Columbia. Memorial building to women of the World War. Add ition al amount for erection, etc ., au- thorized. Vol. 43, p. 665. Post, p. 886. March 0, 1928. [H. R. 5635.] CHAP. 158.-An Act To amend the Act approved June 7, 1924, authorizing [Public, No. 113 .] the Secretary of War to sell a portion of the Carlisle Barracks Reservation. Carlisle Bar racks, Pa. Be it enacted by the Senate and House o f Representatives o f the Vol.43, p.658, amend- United States o f America in Congress assembled, That the Act ad Change auth orized of approved June 7, 1924, entitled "An Act authorizing the Secretary tract to be purchased. of War to sell a portion of Carlisle Barracks Reservation" (Forty- third Sta tutes at Large, page 657), is hereby ame nded by revoki ng the authority in that Act to purchase the Henderson tract of land and to authorize the proceeds derived from the sale of part of the tract known as farm numbered 2, authorized to be sold by said Act, to be applied to the purchase of the so-called Alexander tract of land adjacent to Carlisle Barracks Reservation and authorized to be purchased by said Act. Approved, March 9, 1928.

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 SEVENTIETH CONGRESS. SEss. I. CHs. 159-162 . 1928. 251 CHAP. 159 .-An Act To grant extensions of time under coal permits. March 9, 1928. [S. 1455.] Be it e nacted by the Senate and Ho use of Repres entatives o f t h e [Public, No. 114 .1 United States o f America in Congress assembled, That any coal Coal mining. n ti me prospecting permit issued under the Act entitled "An Act to promote allowed p rospecting the mining of coal, phosphate, oil, oil shale, gas, and sodium on the Permsi noiffo workable public domain," approved February 25, 1920, as amended, may be V ol- extended by the Secretary of the Interior for a period of two years, if he shall find that the permittee has been unable, with the exercise of reasonable diligence, to determine the existence or workability of coal deposits in the area covered by the permit and desires to prosecute further prospecting or exploration, or for other reasons in the opinion of the Secretary warranting such extension. SE C. 2. Upon application to the Secretary of the Interior, and subject to valid intervening rights and to the provisions of section 1 of this Act, any coal permit that has already expired because of lack of authority under existing law to make extensions, may, in the discretion of the Secretary, be extended for a period of two years from the date of the passage of this Act. Approved, March 9, 1928. CHAP. 160.-An Act To provide for the purchase of land in connection with the Fort Monmouth Military Reservation, New Jersey. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secretary of War is hereby authorized and empowered to acquire a strip of land lying along the easterly side of the Red Bank-Eatontown High- way, borderi ng on and for use of Fort Monmouth Milit ary Reserva- tion, New Jersey, and there is hereby authorized to be appropriated for such purpose a sum not to exceed $1,000 out of any money xn the Treasury, not otherwise appropriated. Approved, March 9, 1928. CHAP. 162.-An Act To Authorize appropriations to be made for the dis- position of remains of military personnel and civilian employees of the Army. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That there is hereby authorized to be appropriated from time to time such sums as may be necessary for expenses of interment, cremation (only upon request from relatives of the deceased), or of preparation and trans- portation to their homes or to such na tional cemeter ies as may be 54835'-29--PT 1-20 Renewal of permits. expired March 0, 1928. [H. R. 233.] [Public, No. 115 .] Fort Monmouth Mil- itary Reservation, N. J. Purchase of adjoining land for, authorized. Post, p. 927. [Public, No. 116.] March 9, 1928. [H. R. 248.1 [Public, No. 117 .] Army. Authorization for dis- position of remains of officers, etc. Post, pp. 354, 1375 . March 9, 1928. CHAP. 161 .-An Act To amend section 47d of the National Defense Act, as [H. R.234.1 amended, so as to authorize an allowance of 1 cent a mile for subsistence of candidates in going to and returning from camp. Be it enacted by the Senate and House of Representativ es o f t h e Mil ita ry tr ain ing United States o f America in Congress assembled, That section 47d camps. of the National Defense Act, as amended by the Act approved June low expense al- 4, .1920 (Forty-first Statutes, page 779), be, and the same is, further Vol. 4 1, p .779,amend- amended by inserting between the words " mile " and " for " in the ed. fou rtee nth line of said sec tion 47d the fol lowi ng l angu age, to wit : Optional transports- " Or, at the option of the Secretary of War, transportation in kind tion in kind, and sub- may be furnished, and in addition thereto candidates may be paid th or zed allowance, an- a subsistence allowance at the rate of 1 cent a mile within such limits as to territory as the Secretary of War may prescribe ." Approved, March 9, 1928.

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 252 SEVENTI ETH CONGRESS. SESS. I. Cns. 162, 163 . 1928 . designated by proper authority, in the discretion of the Secretary of War, of the remains of officers on the active list and retired officers who die while on active duty, cadets, United States Military Acad- emy, acting assistant surgeons, members of the Army Nurse Corps, and enlisted men in active service and retired enlisted men who die while on active duty, and accepted applicants for enlistm ent ; for interment or pre paration and transportation to their home s of the remains of civilian employees of the Army in the employ of the War Department who die abroad, in Alaska, in the Canal Zone, or on Army transport s, or who die while on duty in the field ; f or interment of military prisoners who die at military posts ; for the interment and shipment to their homes of remains of enlisted men who are disc harged i n hospita ls in th e United States and cont inue as inmates of said hospitals to the date of their death ; for interment Recovery of bodies . of prisoners of war and interned alien enemies who die at prison Removal fr om aban- camps in the United States ; for recovery of bodies of the above- doned posts, etc. mentioned military personnel ; for removal of remains from aban- doned posts to per manent militar y post s or na tional cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields, abandoned graves, or abandoned private and city ceme- Brit ain a nd Cemeteries in France . Gr eat teries,; and for expenses of the segregation of bo dies in permanent Pro vis o' Reimb urse ment to i n- American cemeteries in Great Britain and France : Provided, That dividuals for expenses in any case where the expenses of burial or shipment of the remains of burial of officers, etc. of officers or enlisted men of the Army who die on the active list, or retired officers or enli sted men who die while on active du ty, or of any of the military o r civil personnel mentioned above, are borne by individuals, where such expenses would have been lawful cla ims agai nst the Gove rnme nt, reim burs emen t to suc h in divi dual s may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of such expenses incurred prior to July 1, 1910. Approved, March 9, 1928. March 9, 1928. ]H. R. 5783.1 [Public, No. 118 .] CHAP. 163 .-An Act To grant extensions of time of oil and gas permits. Public lands. Be it enacted by the Senate and House o f Representatives o f the Oil and gas permit- United States of America in Congress assembled, That any oil or tees granted further ad- ditional time for drill- gas prospecting permit issued under the Act entitled "An Act to mg, etc . Vol. 41, p. 437, promote the mining of coal, phosphate, oil, oil shale, gas, and sodium Vol.42, p. 356. on the public domain," approved February 25, 1920, or extended Vol. 44, p. 236. under the Act entitled "An Act to authorize the Secretary of the Interior to grant extensions of time under oil and gas permits, and for oth er purp oses," approv ed Janu ary 11, 1922, or as furthe r extended under the Act of April 5, 1926, may be extended by the Secretary of the Interior for an additional period of two years, if he shall find that the permittee has been unable, with the exercise of reasonab le dilig ence, to begin dr illing o peration s or to drill wells of the depth and within the time require d by existing law, or has drilled wells of the depth and within the time required by existing law, and has failed to discover oil or gas, and desires to prosecute Extension of expired fu rther ex ploratio n. permi ts. SEC. 2. Upon application to the Secretary of the Interior, and su bject to valid i nterveni ng right s and to the pro visions of secti on 1 of this Act, any permit which has already expired because of lack of authority under existing law to make further extensions, may be extended for a period of two years from the date of the passage of this Act. Approved, March 9, 1928.

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 SEVENTIETH CONGRESS. SEss . I. CHs. 164, 165 . 1928 . 253 CHAP. 164.-An Act To amend section 2455 of the Revised Statutes of the March 9, IM. United States, as amended, relating to isolated tracts of public land. [H. R . 6684 .] [Pu blic , No. 119 .] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 2455 RR. S., see. 2455, p. of the Revised Statutes of the United States (section 1171, title 43, 44 uas cde;p .1411. United States Code), as amended, be, and is hereby, amended to read as follows : "SEC . 2455 (section 1171, title 43, United States Code) . It shall sale at suction of is olate d tr acts not ex- be lawful for the Secretary of the Interior to order into market and Ceedi s a Palfsectionh sell at public auction, at the land office of the district in which the land is situated, for not less than $1 .25 an acre, any isolated or dis- connected tract or parcel of the public domain not exceeding three hundred and twenty acres which, in his judgment, it would be proper to expose for sale after at least thirty days' notice by the land office of the district in which such land may be situated : Provided, P, 0=803 . That any legal subdivisions of the public and, not exceeding one rough l nds rmay s be hundred and sixty acres, the greater part of which is mountainous or ownerto adjoining too rough for cultivation, may, in the discretion of the said Secre- tary, be ordered into the market and sold pursuant to this sec- tion upon the application of any person who owns land or holds a valid entry of lands adjoining such tract, regardless of the fact that such tract may not be isolated or disconnected within the mean- ing of this section : Provided further, That this section shall not re No valid rig hts de. defeat any valid right which has already attached under any pending en try or locati on ." App roved, March 9, 19 28 . CHAP. 165 .-An Act To amend section 8 of the Act entitled "An Act to [H arc1.i491.] supp lement existing laws against unlawful re straints and monopol ies, and for [Public, No. 120 .1 othe r purposes," approve d October 15, 1914, as amended . Be it e nacted by the Senate and Ho use of Repres entatives of t he Unite d Stat es of Ameri ca in Congre ss ass emble d, That the last An titru pAct, 1 914. proviso of the second paragraph of section 8 of the Act entitled 39, p .121 . U.S. "An Act to supplement existing laws against unlawful restraints Int erl ock ing pd recto. and monopolies, and for other purposes," found in title 15, chapter rates. 1, section 19, United States Code, approved October 15, 1914, as amended, is amended to read as follows "And provided further, That nothing Private bankers, offi- this Act shall prohibit f Tn t~ ears of member banks, any private banker from being an officer, director, or emp ogee ro of etc ., permitted to serve not more than two banks, banking associations, or trust companies, other of not more han two etc. or prohibit any officer, director, or employee of any bank, banking ed 01.41, p.626, amend- association, or trust company, or any class A director of a Federal reserve bank, from being an officer, director, or employee of not more than two other banks, banking associations, or trust companies, whether organized under the laws of the United States or any State, if in any such case there is in force a permit therefor issued Authority of Federal by the Federal Reserve Board ; and the Federal Reserve Board is Rese rve B oard, to issue authorized to issue such permit if in its judgment it is not incom- or revoke permits. patible with the public interest, and to revoke any such permit whenever it finds, after reasonable notice and opportunity to be heard, that the public interest requires its revocation ." Approv ed, Ma rch 9, 1928.

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 01 254 SEVENTIETH CONGRESS. SESS. I. CHs. 166, 167. 1928 . March 9, 1928. [II. R.No. 9842.] [Public, No. 121 .] Public lands. Town site of S aint Marks, Fla ., to be sur- veyed into lots, etc. Appraisal. CHAP. 166.-An Act To provide for the survey, appraisal, and sale of the undisposed lots in the town site of Saint Marks, Florida. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That the Secre- tary of the Interior may cause all public lands within the Govern- ment town site of Saint Marks, situated in sections 2, 3, 10, and 11, township 4 south, range 1 eas t, Tallahassee meridian, Florida, establi shed b y the Act of March 2, 18 33 (Fou rth St atutes, page 664), to be surveyed into lots, blocks, streets, and alleys as he may deem proper and when the survey is completed cause said lots to be appra ised by th ree compe tent and disin teres ted p erso ns ap point ed by him and report their proceedings to him for action thereon. If such appraisement be disapproved the Secretary of the Interior shall again cause the said lands to be appraised as before provided ; Sale for cash to hi gh- and when the appraisal has been approved he shall cause the said lots eat bidder at pu blic sale. t o be sold at public sale to the highest bidder for cash at not less t han t he ap prai sed v alue there of, first havi ng g iven sixty day s' public notice of the time, place, and terms of the sale immediately prior thereto by publication in at least one newspaper having a general circulation in the vicinity of the land and in such other Di spos al of uns old newspapers as he may deem advisable ; and any lots remaining unsold lots. may be reoffered for sale at any subsequent time in the same maner n at the discretion of the Secretary of the Interior, and if not sold at such second offering for want of bidders, then the Secretary of the Int erior may sell the same at private s ale for c ash at no t less th an the appraised value thereof : Provided, That the square embracing the lands now being used as a burying ground be set aside as a cemetery for the use of the town of Saint Marks, Florida : Provided further, That the municipality of Saint Marks, Florida, shall have a right for ninety days subsequent to the filing of the plat of survey of said town site to select and receive patent to any two blocks desired for public park purposes, not exceeding five and five tenths acres in area. Approved, March 9, 1928. Provisos. Cemetery for town. Selecti on by munici - pality for public park. March 10, 1928. [II. R.7201.] [Public, No. 122 .] CHAP. 167 .-An Act To provide for the settlement of certain claims of American nationals against Germany, Austria, and Hungary, and of nationals of Germany, Austria, and Hungary, against the United States, and for the ultimate return of all property held by the Alien Property Custodian. Be it enacted by the Senate and House of Representatives of the Settleme nt of war United States of America in Congress assembled, That this Act may Claims Act of 1928. be cited as the " Settlement of War Claims Act of 1928 ." Claims of Americans aga in st Germany. Awards of Mixed Claims C ommission to be certified to Secietary of the Treasury. Vol.42,p.2200. Payment thereof, with interest. Int ere st annually upon unpaid awards. CLAIMS OF NATIONALS OF THE UNITED STATES AGAINST GERMANY SEC. 2. (a) The Secretary of State shall, from time to time, certify to the Secretary of the Treasury the awards of the Mixed Claims Commission, United States and Germany, established in pursuance of the agreement of August 10, 1922, between the United States and Germany (referred to in this Act as the "Mixed Claims Com- mi'ssi,on "). (b) The Secretary of the Treasury is authorized and directed to pay an amount equal to the principal of each award so certified, plus the interest thereon, in accordance with the award, accruing before January 1, 1928. (c) The Secretary of the Treasury is authorized and directed to pay annually (as nearly as may be) simple interest, at the rate of

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 SEVENTIETH CONGRESS. SEss. I. Cii. 167. 1928 . 255 5 per centum per annum, upon the amounts payable under subsection (b) and remaining unpaid, beginning January 1, 1928, until paid. (d) Payments from Ger- The payments authorized by subsection (b) or (c) shall be man speci al de pos it made in accordance with such regulations as the Secretary of the fund- Treasury may prescribe, but only out of the German special deposit account created by section 4, within the limitations hereinafter pre- post, 260 . scribed, and in the order of priority provided in subsection (c) of section 4. (e) There shall be deducted from the amount of each payment, d Expenses from to b end eee as reimbursement for the expenses incurred by the United States in respect thereof, an amount equal to one-half of 1 per centum thereof. The amount so deducted shall be deposited in the Treasury as mis- Not considered in ce llaneo us rece ipts. In computing the amounts payable under sub- computing awards. section (c) of section 4 (establishing the priority of payments) the fac t that such d eduction is r equired to be made from the payment when computed or that such deduction has been made from prior payme nts, shall be disregarded. f The amounts awarded to the United States in respect of claims States t excluded. unites cluded. of the United States on its own behalf shall not be payable under this section. (g) No payment shall be made under this section unless application jug Time for applica tions. mak- therefor is made, within two years after the date of the enactment of this Act, in accordance with such regulations as the Secretary Payments authorized. of th e Treasury ma y prescribe. Payment shall be made only to the person on behalf of whom the award was made, except that- To leg al represeta- (1) If such person is deceased or is under a legal disability, pay- tive of deceased, etc ., ment shall be made to his legal representative, except that if the person. payment is not over $500 it may be made to the persons found by the Secretary of the Treasury to be entitled thereto, without the neces- sity of compliance with the requ irements of l aw in respect of the administration of estates ; To terminated part- (2) In the case of a partnership, association, or corporation, the nerships, etc. existence of which has been terminated, payment shall be made, except as provided in paragraphs (3) and (4), to the persons found by the Secretary of the Treasury to be entitled thereto ; To receiver or trustee. (3) If a receiver or trustee for the person on behalf of whom the award was made has been duly appointed by a court in the United States and has not been discharged prior to the date of pay- ment, payment shall be made to the receiver or trustee or in accordance with the order of the court ; and To assignee of an (4) In the case of an assignment of an award, or an assignment award. (prior to the making of the award) of the claim in respect of which the award was made, by a receiver or trustee for any such person, duly appointed by a court in the United States, such pays ent shall be made to the assignee. Payment of awards (h) Nothing in this section shall be construed as the assumption by United States, not as- of a liability by the United States for the payment of the awards sumptio n of a liabil ity . of the Mixed Claims Commission, nor shall any payment under this section be construed as the satisfaction, in whole or in part, of any of such awards, or as extinguishing or diminishing the liability of Germany for the satisfaction in full of such awards, but shall be considered only as an advance by the United States until all the pay- me nts from Ger many in sati sfac tion of the awar ds h ave been rec eive d. Rig hts held as as- Upon any payment under this section of an amount in respect of an sig ned to Un ited Stat es and to be enforced award, the rights in respect of the award and of the claim in respect agains t Germany. of which the award was made shall be held to have been assigned pro tanto to the United States, to be enforced by and on behalf of the United States against Germany, in the same manner and to the same extent as such rights would be enforced on behalf of the American national.

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 256 Consent of applicants assumed. Agreement with Ger- many requested to ex- tend C laims Com mis- sion to July 1, 1928. Post, p. 2698. Awards to be cer- tif ied. Ante, p. 254. German claims again st Uni ted St ates. SEC. 3. (a) There shall be a War Cl aims A rbiter (her einaft er referred to as the "Arbiter "), who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to any provision of law prohibiting the holding of more than Salar y. one office. The Arbiter, notwithstanding any other provision of law, shall receive a salary to be fixed by the President in an amount, if any, which if added to any other salary will make his total salary from the United States not in excess of $15,000 a year. (b) It shall be the duty of the Arbiter, within the limitations hereinafter prescribed, to hear the claims of any German national (as hereinafter defined), and to determine the fair compensation to be~e aid by the United States, in respect of- Merchant vess els (1) Any merchant vessel (including an equipment, appurtenances, taken by the United states• and property contained therein), titl y a e to which was taken by or on Vol. 40, p.75. behalf of the United States under the authority of the Joint Determination of Resolution of May 12, 1917 (Fortieth Statutes, page 75). Such value. compensation shall be the fair value, as nearly as may be determined, of such vessel to the owner immediately prior to the time exclusive possession was taken under the authority of such Joint Resolution, and in its condition at such time, taking into consideration the fact that such owner could not use or permit the use of such vessel, or charter or sell or otherwise dispose of such vessel for use or delivery, prior to the termination of the war, and that the war was not terminated until July 2, 1921, except that there shall be deducted from such value any consideration paid for such vessel by the United States. The findings of the Board of Survey appointed under the authority of s uch Joint Res olution shall be competent evidence in any proceeding before the A rbiter to det ermine the amo unt of such compen sation. (2) Any radio station (incl uding any equi pment, appurt enances, and property contained therein) which was sold to the United States by or under the direction of the Alien Property Custodian under authority of the Trading with the Enemy Act, or any amendment thereto. Such compensation shall be the fair value, as nearly as may be determined, which such radio station would have had on July 2, 1921, if returned to the owner on such date in the same condition as on the date on which it was seized by or on behalf of the United States, or on which it was conveyed or delivered to, or seized by, the Alien Property Custodian, whichever date is earlier, except that there shall be deducted from such value any consideration paid for such radio station by the United States. (3) Any patent (or any right therein or claim thereto, and i nclu ding an appl icat ion ther efor and any pat ent issu ed p ursu ant to any such application) which was licensed, assigned, or sold by the German War Claims Arbiter to be ap- pointed. Claims for compen- sation to be deter - mined by Arbiter. Prior ducted. payments d-- Findings of Board of Survey accepted as evi- dence. Radio station sold to United States. Determinatio,'n of value. Prior payments de- ducted. Patents sold, etc., to Un ited Stat es by Alien Property Custo- dian. SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928 . (i) Any p erson who ma kes a pplica tion f or pa yment under this section shall be held to have consented to all the provisions of this Act. (j) The President is requested to enter into an agreement wit h the German Government by which the Mixed Claims Commission will be given jurisdiction of and authorized to decide claims of the same character as those of which the commission now has jurisdiction, notice of which is filed with the Department of State before July 1, 1928 . If such agreement is entered into before January 1, 1929, awards in respect of such claims shall be certified under subsection (a) and shall be in all other respects subject to the provisions of this section. CLAIMS OF GERMAN NATIONALS AGAINST UNI'lwv STATES

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 SEVENTIETH CONGRESS. SEss. I. Ca. 167. 1928 . 257 Alien Property Custodian to the United States. Such compensation De ter mi nat ion of shall be the amount, as nearly as may be determined, which would comp ensat ion for. have been paid if such patent, right, claim, or application had been licensed, assigned, or sold to the United States by a citizen of the United States, except that there shall be deducted from such amount dutid payments de- any consideration paid therefor by the United States (other than Exception . consideration which is returned to the United States under section Post, p. 274. 27 of the Trading with the Enemy Act, as amended). Use by Unit ed States (4) The use by or for the United States of any invention described of patented inventions, in and covered by any patent (including an application therefor and eye d by Cus to- any patent issued pursuant to any such application) which was con- veyed, transferred, or assigned to, or seized by, the Alien Property period not included. Custodian, but not including any use during any period between April 6, 1917, and November 11, 1918, both dates inclusive, or on or after the date on which such patent was licensed, assigned, or sold by the Alien Property Custodian. In determining such compensation, Defenses available. any defense, general or special, available to a defendant in an action for i nfringe ment o r in an y suit in equ ity for relief again st an a lleged infringement, shall be available to the United States. (c) The proceedings of the Arbiter under this section shall be con- Authority of Arbiter, ducted in accordance with such rules of procedure as he may pre- Hearings, etc. scribe. The Arbiter, or any referee designated by him, is authorized to administer oaths, to hold hearings at such places within or without the United States as the Arbiter deems necessary, and to contract for the reporting of such hearings. Any witness appearing for the payable from German United States before the Arbiter or any such referee at any place special deposit. within or wi thout the Uni ted States ma y be paid the same fees and mileage as witnesses in courts of the United States. Such payments Post, p. 260 . shall be made out of any funds in the German special deposit account hereinafter provided for, and may be made in advance. (d) The Arbiter may, from time to time, and shall, upon the deter- raTenomp nsawa rds of mination by him of the fair compensation in respect of all such Arbiter. vessels, radio stations, and patents, make a tentative award to each claimant of the fair compensation to be paid in respect of his claim, including simple interest, at the rate of 5 per centum per annum, on Interest allowed . the amount of such compensation from July 2, 1921, to December 31, 1928, both dates inclusive. If a German national filing a claim in Action on a vessel 7 g claim failing to show respect of any such vessel fails to establish to the satisfaction of the that Germ an Govern- ment , etc ., has no Arbiter that neither the German Government nor any member of interest therein. the former ruling family had, at the time of the taking, any interest in such vessel, either directly or indirectly, through stock ownership or control or otherwise, then (whether or not claim has been filed by or on behalf of such Government or individual) no award shall be made to such German national unless and until the extent of such interest of the German Government and of the members of the former ruling family has been determined by the Arbiter. Upon such deter- Tentative award on determinat ion of in- mination the Arbiter shall make a tentative award in favor of such terest of German Gov- Government or individual in such amount as the Arbiter determines ernment, etc' to be in just ice an d equit y repre sentat ive of such in terest, and r educe accordingly the amount available for tentative awards to German nationals filing claims in respect of the vessel so that the aggregate of the tentative awards (including awards on behalf of the German Government and members of the former ruling family) in respect of the vessel will be within the amount of fair compensation determined under subsection (b) of this section. Total amount (e) The total amount to be awarded under this section shall not limited. exceed $100,000,000, minus the sum of (1) the expenditures in carry- Minus expenses and payments heret ofore ing ou t the p rovisi ons of this se ction (includ ing a r easona ble est imate made. for such expenditures to be incurred prior to the expiration of the

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 258 Exception. Post, p. 274. Pro rata reduction if tentative awards exceed aggregate authorized. Awards to be certi- fied. Payment directed. Interest allowed on unpaid cl aims. Payments fr om Ger- man spec ial deposi t fund. Post, p. 260 . No payment to Ger- man Gover nment, but award cre dited upon final payments due for Mixed Claims awards. Time for making ap- plications. Payment to benefi- ciary direct. Exce ption s. To legal represent- ative of deceased etc ., person. To terminated part- nerships, etc. To receiver or trustee. To ass ig nee of an award. SEVENTIETH CONGRESS. SESS. I. Cs. 167. 1928. term of office of the Arbiter) and (2) the aggregate consideration paid by the United States in respect of the acquisition of such vessels and radio stations, and the use, license, assignment, and sale of such paten ts (other tha n consideratio n which is re turned to the United S tates under sectio n 27 of the Tradi ng wi th the Enemy Act, as amended) . (f) If the aggregate amount of the tentative awards exceeds the amount which may be awarded under subsection (e ), the Ar bit er shall reduce pro rata the amount of each tentative award . The Arbiter shall enter an award of the amount to be paid each claimant, and thereupon shall certify such awards to the Secretary of the Tr easury . (g) The Secretary of the Treasury is authorized and directed to pay the amount of the awards certified under subsection (f) . (h) The Secretary of the Treasury is authorized and directed to pay annually (as nearly as may be) simple interest, at the rate of 5 per centum per annum, upon the amount of any such award remain- ing unpaid, beginning January 1, 1929, until paid . (i) The payments in respect of awards under this section shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe, but only out of the German special deposit account created by section 4, within the limitations hereinafter pre- scribed, and in the order of priority provided in subsections (c) and (d) of section 4. (j) The Secretary of the Treasury shall not pay any amount in respect of any award made to or on behalf of the German Govern- ment or any member of the former ruling family, but the amount of any such award shall be credited upon the final payment due the United States from the German Government for the purpose of satisfying the awards of the Mixed Claims Commission. (k) No payment shall be made under this section unless applica- tion therefor is made, within two years after the date the award is certified, in accordance with such regulations as the Secretary of the Treasury may prescribe. Paym ent' of any amount in respect of any award may be made, in the discretion of the Secretary of the Treasury, either in the United States or in Germany, and either in money of the United States or in lawful German money, and shall be made only to the person on behalf of whom the award was made, except that- (1) If such person is deceased or is under a legal disability, pay- ment shall be made to his legal representative, except that if the payment is not over $500 it may be made to the persons found by the Secretar y of the Trea sury to be en titled thereto, without the necessity of compliance with the requirements of law in respect of the administration of estates ; (2) In the case of a partnership, association, or corporation, the existence of which has been terminated, payment shall be made, except as provided in paragraphs (3) and (4), to the persons found by the Secre tary of the T reasury to be entitled ther eto ; (3) If a receiver or trustee for the person on behalf of whom the award was made has been duly appointed by a court of competent jurisdiction and has not been discharged prior to the date of pay- ment, payment shall be made to the receiver or trustee or in accord- ance with the order of the court ; and (4) In the c ase of an ass ignment of an award, or of an assign- ment (prior to the making of the award) of the claim in respect of which such award was made, by a receiver or trustee for any such person, duly appointed by a court of c ompetent juris diction, pay- ment shall b e made to the assignee.

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240 it, bought a dispensation at Rome, and married his brother's late wife, not out of love, but for the purpose of retaining in the family her great estates. He was then aged thirty-two, and she was in her fortieth year. She was haughty, vain of her beauty, which had made her famous at one time, and spent her time in trying to disguise the ravages of time on her face. She lived mainly in her room surrounded by dogs, "qui répandaient partout, jusque dans son lit, une saleté insupportable."

Very different was the life of Tom D'Urfey's father, and one of the touching incidents in his character was his devotion and tenderness towards his wife to her dying day.

Tom had been intended for the law, but, as he said, "My good or ill stars ordained me to be a knight errant in the fairy fields of poetry."

He wrote plays that were well received for the most part, but all were tainted with intolerable grossness. But at this period of revulsion from Puritanism, licentiousness of intrigue, indelicacy of wit, most strongly appealed to the popular taste, at least in London, and among the hangers-on of a profligate court. In 1676, he produced The Siege of Memphis and The Fond Husband; or, The Plotting Sisters. In 1677, Madame Pickle. In all, down to his death, thirty-two dramatic pieces. But that which obtained for D'Urfey his greatest reputation was a peculiarly happy knack that he possessed in writing satires and songs. In the latter style of composition he knew how to start with a telling line. There was in his composition a vein of genuine poetry, but the trail of the serpent was over it all: he could not leave his best pieces without something foul to spoil it. Many of his songs were set to music by his friends Henry Purcell, Thomas Farmer,


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 SEVENTIETH CONGRESS. SEss. I. CIi. 167. 1928 . 259 (1) The head of any executive department, independent establish- Information from rec- ords , etc ., to be af. ment, or agency in the executive branch of the Government, includ- forded by departments, in g the Alien Property Custodian and the Comptroller G ener al, etc. shall, upon request of the Arbiter, furnish such records, documents, papers, correspondence, and information in the possession of such department, independent establishment, or agency as may assist the Arbiter, furnish them statements and assistance of the s ame character as is described in section 188 of the Revised Statutes andns ., sec. lss, p. 2s. Tempo rary details of may temporarily detail any officers or employees of such department, officials, etc ., author- independent establishment, or agency to assist the Arbiter, or to act ized. a s a referee, in carrying out the provisions of this section. The Att orney General shall assign such officers and employee s of the Department of Justice as may be necessary to represent the United States in the proceedings under this section. (m) The Arbiter, with the approval of the Secretary of the Arb iter authorized 7 to appoint personnel, Treasury, is authorized to (1) appoint and fix the salaries of such make expenditures, etc. officers, referees, and employees, without regard to the civil service laws and regulations or to the Classification Act of 1923, and (2) make such expenditures (including expenditures for the salary of the Arbiter rent and personal services at the seat of government and elsewhere, iaw books, periodicals, books of reference, and printing and binding) as may be necessary for carrying out the provisions of this section and within the funds available therefor. Any officer or Ad ditional pay to persons detailed. employee detailed or assigned under subsection (1) shall be entitled to receive (notwithstanding any provision of law to the contrary) suc h additional compensation as the Arbiter, with the ap proval of the Secretary of the Treasury, may prescribe. The Arbiter and offi- Travel and subsist allowed . expenses allowed . cers and emloyees appointed, detailed, or assigned shall be entitled to receive their necessary traveling expenses and actual expenses incurred for subsistence (without regard to any limitations imposed by law) while away from the District of Columbia on business require d by th is sect ion. (n) On the date on which the awards are certified to the Secretary etOffi o ofaserbiit er, of the Treasury under subsection (f) or the date on which the awards awards certified . are certified to the Secretary of the Treasury under subsection (e) Ante, p .258. of section 6 (patent claims of Austrian and Hungarian nationals), Po8t,p. 264, whichever date is the later, the terms of office of the Arbiter, and of the officers and employees appointed by the Arbiter, shall expire, and et Tr ansfe r of reco rds, the books, papers, records, correspondence, property, and equipment of the office shall be transferred to the Department of the Treasury. (o) No award or tentative award shall be made by the Arbiter in in, Res tri cti on n on mak- respect of any claim if (1) such claim is filed after the expiration Claim filed too late. of four months from the date on which the Arbiter takes office, or Judgm ents ren dered (2) any judgment or decree awarding compensation or damages in against united states. respect thereof has been rendered against the United States, and if such judgment or decree has become final (whether before or after the enactment of this Act), or (3) any suit or proceeding against the Suits pending. United States, or any agency thereof, is commenced or is pending in respect thereof and is not dismissed upon motion of the person by or on behalf of w hom it was co mmenced, made before the ex piration of six months from the date on which the Arbiter takes office and before any judgment or decree awarding compensation or damages becomes final. /h) There is h ereby authori zed to be app ropriated, to be imme- sum t° be .mme- l diately available . diately available and to remain available until expended, the sum of Post, p . 914. $50,000,000, and, after the date on which the awards of the Arbiter under this section are certified to the Secretary of the Treasury, such Additio 1 after swards certified . additional amounts as, when added to the amounts previously appro- priated, will be equivalent to the aggregate amount of such awards

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 260 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) 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 ;
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 SEVENTIETH CONGRESS. SESS. I. Cu. 167. 1928. 261 (3) To make each payment authorized by subsection (b) of sec- ex- ceeding awards 2 (relating to awards of the Mixed Claims Commission), if the amount thereof is not payable under paragraph (2) of this sub- section and does not exceed $100,000, and to pay interest thereon as provided in subsection (c) of section 2 ; If in excess of t hat (4) To pay the amount of $100,000 in respect of each payment amount, $100,000. authorized by subsection (b) of section 2 (relating to awards of the Mixed Claims Commission), if the amount of such authorized payment is in excess of $100,000 and is not payable in full under paragraph (2) of this subsection. No person shall be paid under Limit to one person. this paragraph and paragraph (3) an amount in excess of $100,000 (exclusive of interest beginning January 1, 1928), irrespective of the number of awards made on behalf of such person ; Additional payments (5) To make additional payments authorized by subsection (b) p on to 80 e awards equal r cent of all pay- of section 2 (relating to awards of the Mixed Claims Commission), ments authorized. in such amounts as will make the aggregate payments (authorized by such sub secti on) u nder this para graph and para graph s (2), (3), and (4) of this subsection equal to 80 per centum of the aggregate amount of all payments authorized by subsection (b) of section 2. Basis of. Payments under this paragraph shall be prorated on the basis of the amount of the respective payments authorized by subsection (b) Installments author- of section 2 and remaining unpaid. Pending the completion of the iz ed pending c omple- work of the Mixed Claims Commission, the Secretary of the Treas- t rop Commission of claims ~ Comissio . ury is authorized to pay such installments of the payments author- ized by this paragraph as he determines to be consistent with prompt payment under this paragraph to all persons on behalf of whom cl aims have been pres ented to the C ommis sion ; Tentative awards of (6) To pay amounts determined by the Secretary of the Treasury Arbiter for German to be payable in respect of the tentative awards of the Arbiter, in ships, etc. accordance with the provisions of subsection (s) of section 3 (relat- ing to awards for ships, patents, and radio stations) ; Pa yments to Ger- (7) To pay to German nationals such amounts as will make the mans equal to 60 per aggregate payments equal to 50 per centum of the amounts awarded cen trds8ggregat° under section 3 (on account of ships, patents, and radio stations) Payments authorized by this paragraph or paragraph (6) may, to Funds available. Post, p. 262 . the extent of funds available under the provisions of subsection (d) of this section, be made whether or not the payments under para- graphs (1) to (5), inclusive, of this subsection have been completed ; Accrued interest on (8) To pay accrued interest upon the participating certificates participating certifi- evidencing the amounts invested by the Alien Property Custodian cates. Posf, p. 2ss. under subsection (a) of section 25 of the Trading with the Enemy Act, as amended (relating to the investment of 20 per centum of German property temporarily withheld) ; Accrued interest on (9) To pay the accrued interest payable under subsection (c) of unpaid awards. section 2 (in respect of awards of the Mixed Claims Commission) and subsection (h) of section 3 (in respect of awards to German nationals) ; Re pay investm ents (10) To make such payments as are necessary (A) to repay the in participating car- amounts invested by the Alien Property Custodian under subsection tificates. (a) of section 25 of the Trading with the Enemy Act, as amended (relating to the investment of 20 per centum of German property temporarily withheld), (B) to pay amounts equal to the difference German rmanence cla ims and ), and between the aggregate payments (in respect of claims of German prior payments thereof. nationals) authorized by subsections (g) and (h) of section 3 and Difference between the amounts previously paid in respect thereof, and (C) to pay total of Commission amounts equal to the difference between the aggregate payments awards and prior pay- (in respect of awards of the Mixed Claims Commission) authorize men ts thereof . d by subsections (b) and (c) of section 2, and the amounts previously paid in respect thereof . If funds available are not sufficient to make fu nds if the total payments authorized by this parag raph, the amount of

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 262 SEVENTIETH CONGRESS. SESS. I. CH. 167 . 1928 . payments made from time to time shall be apportioned among the payments authorized under clauses (A), (B), and (C) according to the aggregate amount remaining unpaid under each clause ; (11) To make such payments as are necessary to repay the amounts invested by the Alien P roperty Custo dian under su bsection (b) of section 25 of the Trading with the Enemy Act, as amended (relat- ing to the investment of the unallocated interest fund) ; but the amount payable under this paragraph shall not exceed the aggregate amountt allocated to the trusts described in subsection (c) of sec tion 26 of such Act ; Pay i nto Treasury (1 2) To pay into the Treasury as miscellaneous receipts the awards to Unite d states. amount of th e awards of t he Mixed Clai ms Commission to the United States on its own behalf on account of claims of the United States Funds l eft in Cler- against Germany ; and man special deposit. (13) To pay into the Tre asur y as mis cell aneo us r ecei pts any fund s remaining in the German special deposit account after the payments authorized by paragraphs (1) to (1 2) have been completed. (d) 50 per centum of the amounts appropriated under the author- ity of section 3 (relating to claims of German nationals) shal l be available for payments unde r paragraphs (6) and (7) of subsection (c) of this section (relating to such claims) and shall be available only for such payments unti l such time a s the payments authorized by such paragr aphs have bee n completed. (e) The Secretary of the Treasury is authorized to pay, from funds in the G erman special deposit acco unt, such amou nts, not in excess of $25,000 per annum, as may be necessary for the payment of the expenses in carrying out the provisions of this section and section 25 of the Tradi ng with the E nemy Act, as amended (relat ing to the investment of funds by the Alien Property Custodian), including personal services at the seat of government. (f) The Secretary of the Treasury is authorized to invest and reinvest, from time to time, in bonds, notes, or certificates of indebted- ness of the United States any of the funds in the German special deposit account, and to deposit to the credit of such account the interest or other earnings thereon. (g) There shall be deducted from the amounts first payable under this section to any American national in respect of any debt the amount, if any, paid by the Alien Property Custodian in respect of such debt which was not credited by the Mixed Claims Commission in making its award. Repay investment of unallocated interest fund. Limit. Post, p. 273. Availab ility of award s of Ar biter. Allo wance for ex- penses from German special deposit . Investment of special deposit in Federal se- curities. Deduction from award to an Amer ican of debt paid by Custo. dian not credited by Claims Commission. American claims agains t Austria and Hungary. Awards of Tripartit e Cla ims Comm issio n to be certified to Secre- tary of Treasury. Vol .44,p . 2213 . Payment of awards. Payments on ly from Austrian or Hungarian special deposits. CLAIMS OF UNITED STATES AND ITS NATIONALS AGAINST AUSTRIA AND HUNGARY SEc. 5. (a) The Commis sioner of the Tripartite Cl aims Commissi on (her eina fter ref erre d to as the " Commissioner ") selected in pur- suance of the agreement of November 26, 1924, between the United States and Austria and Hungary shall, from time to time, certify to the Secretary of the Treasury the judgments and interlocutory judg- me nts (her eina fter ref erre d to as " awards ") of the Commissioner. (b) The Secretary of the Treasury is authorized and directed to pay (1) in the case of any such judgment, an amount equal to the principal thereof, plus the interest thereon in accordance with such judgm ent, and (2) in the case of any such int erlocutory ju dgment, an amount equal to the principal thereof (converted at the rate of exchange specified in the certificate of the Commissioner provided for in section 7), plus the interest thereon in accordance with such certificate. (c) T he payments a uthorized by s ubsection (b) shall be mad e in accor dance with su ch regulations as the Secre tary of the T reasury

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 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928 . may prescribe, but only out of the special deposit account (Austrian or Hungarian, as the case may be), created by section 7, and within the limitations hereinafter prescribed. (d) There shall be deducted from the amount of each payment, as reimbursement for expenses incurred by the United States in respect thereof, an amount equal to one-half of 1 per centum thereof. The amount so deducted shall be deposited in the Treasury as miscellaneous receipts. (e) The amounts awarded to the United States in respect of claims of the United States on its own behalf shall be payable under this section. (f) No pa yment shall be ma de und er thi s sec tion ( other than payments to the United States in respect of claims of the United States on its own behalf) unless application therefor is made within two years after the date of the enactment of this Act in accordance with such regulations as the Secretary of the Treasury may prescribe. Payment shall be made only to the person on behalf of whom the award was made except in the cases specified in paragraphs (1) to (4) of subsection (g) of section 2. (g) Any p erson who ma kes a pplica tion f or pa yment under this section shall be held to have consented to all the provisions of this Act. CLAIMS OF AU STR IAN AND HUNGARIAN NATIONALS A GAI NST THE UNITED STATES SEC. 6. (a) It shall be the duty of the Arbiter, within the limita- tions hereinafter prescribed, to hear the claims of any Austrian or Hungarian national (as hereinafter defined) and to determine the compensation to be paid by the United States, in respect of- (1) Any patent (or any right therein or claim thereto, and includ- ing an application therefor and any patent issued pursuant to any such application) which was licensed, assigned, or sold by the Alien Property Custodian to the United States. Such compensation shall be the amount, as nearly as may be determined, which would have been paid if such patent, right, claim, or application had been licensed, assigned, or sold to the United States by a citizen of the United States, except that there shall be deducted from such amount any consideration paid therefor by the United States (other than consideration which is returned to the United States under section 27 of the Trading with the Enemy Act, as amended . (2) The use by or for the United States of any invention described in and covered by any patent (including an application therefor and any patent issued pursuant to any such application) which was con- veyed, transferred, or assigned to, or seized by, the Alien Property Custodian, but not including any use during any period between December 7, 1917, and November 3, 1918, both dates inclusive, or on or after the date on which such patent was licensed, assigned, or sold by the Alien Property Custodian. In determining such compensa- tion, any defense, general or special, available to a defendant in an action for infringement or in any suit in equity for relief against an alleged infringement, shall be available to the United States . (b) The proceedings of the Arbiter under this s ection shall b e conducted in accordance with such rules of procedure as he may prescribe . The Arbiter, or any referee designated by him, is author- ized to administer oaths, to hold hearings at such places within or without the United States as the Arbiter deems necessary, and to contract for the reporting of such hearings. Any witness appearing for the United States before the Arbiter or any such referee at any place within or without the United States may be paid the Post, p. 205 . Expenses to be de- ducted, etc . Deposit in Treasury. 263 Awards to United States included. Time limit required for making applica- tions, etc. Payments restricted. Ante, p.255. Conse nt to pro vi- sions by applicants as- sumed. Austrian and Hunga- ri an c laims ag ain st United States. Compensation for designated claims to be determined by Arbiter. Patents, etc., sold to United States by Cus- tod ian. De term inat ion of compensation. Prior payments de- ducted. Exception. Post p. 274. Use by United States of patented inventions, etc., conveyed by Cus- tod ian. Period excluded. Defenses available. Authority of Arbiter. Hearings, etc. Wit ness fe es, ete ., pay able fr om spec ial deposit accounts.

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 264 same fees and mileage as witnesses in courts of the United States. Such payments may be made in advance, and may be made in the first instance out of the German special deposit account, subject to reimbursement from the special deposit account (Austrian or Hun- garian, as the case may be) hereinafter provided for. (c) The Arbiter shall, upon the determination by him of the fair compensation in respect of all such patents, make a tentative award to each claimant of the fair compensation to be paid in respect of his claim, including simple interest, at the rate of 5 per centum per annum, on the amount of such compensation from July 2, 1921, to December 31, 1928, both dates inclusive. (d) The total amount to be awarded under this section shall not exceed $1,000,000, minus the sum of (1) the expenditures in carrying out the provisions of this section (including a reasonable estimate for such expenditures to be incurred prior to the expiration of the term of office of the Arbiter) and (2) the aggregate consideration paid by the United States in respect of the use, license, assignment, and sale of such patents (other than consideration which is returned to the United States under section 27 of the Trading with the Enemy Act, as amended). (e) If the aggregate amount of the tentative awards exceeds the amount which may be awarded under subsection (d ), the Arbiter shall reduce pro rata the amount of each tentative award. The Arbiter shall enter an award of the amount to be paid each claimant, and thereupon shall certify such awards to the Secretary of the Tr easury. (f) The Secretary of the Treasury is authorized and directed to pay the amount of the awards certified under subsection (e), together with simple interest thereon, at the rate of 5 per centum per annum, beginning January 1, 1929, until paid. (g ) The paymen ts aut horiz ed by subsec tion (f) sh all be made in accordance with such regulations as the Secretary of the Treasury may prescribe, but only out of the special deposit account (Austrian or Hungarian, as the case may be), created by section 7, and within the limitations hereinafter prescribed. (h) No payment shall be made under this section unless applica- tion therefor is made, within two years after the date the award is certified, in accordance with such regulations as the Secretary of the Treasury may prescribe. Payment of any amount in respect of any award -may be made, in the discretion of the Secretary of the Treas- ury, either in the United States or in Austria or in Hungary, and Direct to bone- either in money of the United States or in lawful Austrian or Hun- garian money (as the case may be), and shall be made only to the Ante, p. 258. person on behalf of whom the award was made, except in the cases specified in paragraphs (1) to (4) of subsection (k) of section 3. (i) The provisions of subsections (1), (m), and (o) of section 3 shall be applicable in carrying out the provisions of this section, except that the expenditures in carrying out the provisions of section 3 and this section shall be allocated (as nearly as may be) by the Arbiter and paid, in accordance with such allocation, out of the German special deposit account created by section 4 or the special deposit account (Austrian or Hungarian, as the case may be) created by section 7. Such payments may be made in the first instance out of the German special deposit account, subject to reimbursement from the Austrian or the Hungarian special deposit account in appropriate cases. (j) There is hereby authorized to be appropriated, to remain avail- able until expended, such amount, not in excess of $1,000,000, as may be necessary for carrying out the provisions of this section. T entat ive awar d to each claimant of fair compensation, with in- teres t. Interest period. Total amount l im- ited. Expenses and prior paym ents deducte d. Exception. Post,p. 274. Pro rata reduction if awards exceed total. Awards to be certi- fled. Payments directed. Regulatio ns for pay- ing from spe cial de- posits accounts. Post, p. 265. Time limit for mak- ing applications . Manner of payment . flciaries. Allocation of expenses from special deposits. If from German de- posit to be reimbursed from Austrian or Iiun- garian. Appropriation au- thorized. SEVENTIETH CONGRESS. SEss. I. Ca. 167. 1928.

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 SEVENTIETH CONGRESS. SEss. I. CH. 167 . 1928 . 265 (k) The provisions of this section shall constitute the exclusive Provisions e-dusivs method for the presentation and payment of claims arising out of claims. or presenting 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 assumed t of claimant makes application for any payment under this section shall be held to have consented to all the provisions of this Act. Ap por tion ment of (1) If the aggregate amount to be awarded in respect of any pat- awards to two or mor e ent is awarded in respect of two or more claims, such amount shall clams. b e apportioned among such claims by the Arbiter as he determines to be just and equitable and as the interests of the claimants may appear. Au strian an d Hun- AUSTRIAN AND HUNGARIAN SPECIAL DEPOSIT ACCOUNTS g arian spec ial d eposi ts accounts. SEC. 7. (a) There are hereby created in the Treasury an Austrian the Treasury . funds in special deposit account and an Hungarian special deposit account, into which, respectively, shall be deposited all funds hereinafter specified and from which, respectively, shall be disbursed all pay- ments and expenditures authorized by section 5 or 6 or this section. Sources. (b) The Secretary of the Treasury is authorized and directed to deposit in the Austrian or the Hungarian special deposit account, as the case may be- Appropriations for (1) The respec tive amounts appropriated under the auth ority of Austrian and Him. section 6 (patent claims of Austrian and Hungarian nationals) ; garian patent claims. (2) The respec tive sums tra nsferred by t he Alien Prope rty Cus- tri Moneys ettcc~ga i todian, under the provisions of subsection (g of section 25 of the Governments trans- Trading with the Enemy Act, as amended (property of Austrian ferPot, p.2 69todian. and Hungarian Governments) ; (3) All money (including the proceeds of any property, rights, or American claims benefits which may be sold or otherwise disposed of, upon such terms against ry Austria or as he may prescribe) received, whether before or after the enact- ment of this Act, by the United States in respect of claims of the United States against Austria or Hungary, as the case may be, on account of awa rds of the Co mmissioner . (c) The Secretary of the Treasury is authorized and directed, out Payments directed . of the funds in the Austrian or the Hungarian special deposit account, as the case may be, subje ct to the pro visions of sub sections (d) and (e) - Administration ex- (1) To make th e payments of expenses of administration author- penses . ized by section 6 or this section ; Awards of American 2) To make the payments authorized by subsection (b) of section clai 5 relating to awards of the Tripartite Claims Commission) Awards to Austrians (3) To make the payments of the awards of the Arbiter, together and Hun garians . with interest thereon, as provided by section 6 (relating to claims of Austrian and Hungarian nationals) . No Austrian pa y- (d) No payment shall be made in respect of any award of the ments, etc ., prior to certificate from Com- Commissioner against Austria or of the Arbiter on behalf of an missioner . Austrian national, nor shall any money or other property be returned Post, p. zro. under paragraph (15), (17), (18), or (19) of subsection (b) of section 9 of the Trading with the Enemy Act, as amended (relating to the return of money and other property by the Alien Property Custodian to Austrian nationals), prior to the date upon which the Commissioner certifies to the Secretary of the Treasury- That Aust rian speci al (1) That the amounts depo sited in the Austrian speci al deposit deposit account suffi- account under paragraph (2) of subsection (b) of this section (in cient to pay awards. respect of property of the Austrian Government or property of a corporation all the stock of which was owned by the Austrian Gov- ernment) and under paragraph (3) of subsection (b) of this section (in r espect of mon ey received by the United S tates in resp ect of claims of the United States against Austria on account of awards
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 266 SEVENTIETH CONGRESS. SEss. I. Cii. 167. 1928 . Ante, p. 262. Rat e of ex cha nge for interlocutory judg. ments to be fixed . No Hungar ian pay- ments, etc ., prior to certificate from Com- missioner. Th at Hungarian special deposit account is su ffic ient to pay awards. Ante, p. 262. Rate of excha nge for interlocutory judg- ments to be fixed. Payment of adminis. trati on ex pens es. I nvest ment of s pecia l deposits in F ede ral s ecuri ties. De ductions from American awards of deb ts pa id by Cu s- todian, etc . Aw ards to Un ited States to be paid into the Treasury. Disposal of amounts remaining in. deposits. of the Commissioner) are sufficient to make the payments authorized by subsection (b) of section 5 in respect of awards against Austria ; and (2) In respect of interlocutory judgments entered by the Commis- sioner, the rate of exchange at which such interlocutory judgments shall be converted into money of the United States and the rate of interest applicable to such judgments and the period during which such interest shall run . The Commissioner is authorized and requested to fix such rate of exchange and interest as he may determine to be fair and equitable, and to give notice thereof, within thirty clays after the enactment of this Act . (e) No payment shall be made in respect of any award of the Commissioner against Hungary or of the Arbiter on behalf of an Hungarian national, nor shall any money or other property be retu rned u nder p aragr aph (15), (20), (21), or (22) of subsection (b) of section 9 of the Trading with the Enemy Act, as amended by this Act (relating to the return of money and other property by the Alien Property Custodian to Hungarian nationals), prior to the date upon which the C ommis sioner certi fies t o the Secre tary o f the Treasury- (1) That the amounts deposited in the Hungarian special deposit account under paragraph (2) of subsection (b) of this section in respect of property of the Hungarian Government or property o a corporation all the stock of which was owned by the Hungarian Gove rnment ) and under parag raph ( 3) of subse ction (b) of this section (in respect of money received by the United States in respect of claims of the United States against Hungary on account of awards of the Commissioner), are sufficient to make the payments authorized by subsection (b) of section 5 in respect of awards against Hungary ; and (2) In respect of interlocutory judgments entered by the Com- missioner, the rate of exchange at which such interlocutory judg- ments shall be converted into money of the United States and the rate of interest applicable to such judgments and the period during which such interest shall run . The Commissioner is authorized and requested to fix such rate of exchange and interest as he may deter- mine to be fair and equitable, and to give notice thereof, within thirty days after the enactment of this Act . (f) Amounts available under subsection (e) of section 4 (relating to payment of expenses of administration) shall be available for the payment of expenses in carrying out the provisions of this section, including personal services at the seat of government . (g) The Secretary of the Treasury is authorized to invest and reinvest, from time to time, in bonds, notes, or certificates of indebt- edness of the United States, any of the funds in the Austrian or the Hungarian special deposit account, and to deposit to the credit of such account the interest or other earnings thereon . (h) There shall be deducted from the amounts first payable under this section to any American national in respect of any debt, the amount, if any, paid by the Alien Property Custodian in respect of such debt which was not credited by the Commissioner in making his award . (i) The payments of the awards of the Commissioner to the United States on its own behalf, on account of claims of the United States against Austria or Hungary, shall be paid into the Treasury as miscellaneous receipts. (j) Any amount remaining in the Austrian or the Hungarian special deposit account after all the payments authorized to be made therefrom have been completed shall be disposed of as follows

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 SEVENTIETH CONGRESS. SEss. I. CH. 167 . 1928 . 267 (1) There shall first be paid into the Treasury as miscellaneous if into the re cei ved u ex- receipts amount r s the respective amount, if any, by which the appropriations ceeds payments au- made under the authority of section 6 and deposited in such special thorized. deposit account exceed the payments authorized by such section ; and (2) The remainder shall be refunded to Austria or Hungary, as Refund of remainder. th eir re specti ve int erests may a ppear. Decisions of the Sec- FINA LITY OF DECISION S retary. SEC. 8. (a) Notwithstanding the provisions of section 236 of the to Decisions in respect special funds not Revised Statutes as amended the decisions of the Secretary of the subject to review by any other officer. Treasury in respect of the funds to be paid into the German, the Ro1S 42 see. 236, p . 39. Austrian, or the Hungarian special deposit account and of the pay- ments therefrom, shall be final and conclusive, and shall not be sub- ject to review by any other officer of the United States, except that counts nts excepted. as payments made under authority of subsection (c) or (m) of section 3 or subsection (e) of section 4 or subsection (f) of section 7 (relat ing to expen ses of admin istrat ion) sh all be accou nted f or and settled without regard to the provisions of this subsection. Report of all expendi- (b) The Secretary of the Treasury, in his annual report to the Lures to Congress. Congr ess, shall inc lude a det aile d sta temen t of all expen ditur es made in carrying out the provisions of this Act. EXCESSIV E FEES P ROHIBITE D Attor neys' fee s. Reasonable fees for SEC. 9 . (a) The Arbiter, the Commissioner of the Mixed Claims services to be fixed by Commission appointed by the United States, and the Commissioner Arbiter and Claims of the Tripartite Claims Commission, respectively, are authorized Comm issi oner. (upon request as hereinafter provided) to fix reasonable fees (whether or not fixed under any contract or agreement) for services in connection with the proceedings before the Arbiter and the Mixed Claims Commission and the Tripartite Claims Commission, respec- tively, and with the preparations therefor, and the application for payment, and the payment, of any amount under section 2, 3, 5, or 6. Each such official is authorized and requested to mail to each Notice to claimants. claimant in proceedings before him or the commission, as the case may be, notice (in English, German, or Hungarian) of the provisions of this section. No fee shall be fixed under this subsection unless written request, to written request t herefor i s filed w ith such official before t he expira - be filed, tion of ninety days after the date of mailing of such notice. In the case of nationals of Germany, Austria, and Hungary, such notice may be mailed to, and the written request may be filed by, the duly accredited diplomatic representative of such nation. (b) After a fee has been fixed under subsection ( a), any person Punishment for ac- accepting any consideration (whether or not under a contract or cepting excess fees . agreement entered into prior to the enactment of this Act) the aggregate value of which (when added to any consideration pre- viously received) is in excess of the amount so fixed, for services in connection with the proceedings before the Arbiter or Mixed Claims Commission or Tripartite Claims Commission, or any preparations therefor, or with the application for payment, or the payment, of any amoun t under s ection 2, 3, 5, or 6, shal l, upon c onviction thereof, Amount o frme. b e punished by a fine of not more than four times the aggregate value of the consideration accepted by such person therefor. (c) Section 20 of the Trading with the Enemy Act, as amended, is exMe ni g of attorney, amended by inserting after the word " attorney " wherever it appears Vol. 42, p.1515. in such section the words " at law or in fact ", 54835'-2D--PT 1 21

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 268 SEVENTIETH CONGRESS. SESS. I. CH. 167 . 1928 . Investment of funds. INVESTMENT OF FUNDS BY ALIEN PROPERTY CUSTODIAN Trad ing With Enem y SEC. 10. The Trading with the Enemy Act, as amended, is New section . amended b adding thereto the following new section Vol. 42, p. 1516, y adding amended. "SEC . 25. (a) (1) The Alien Property Custodian is authorized Participating certifl- cafes . and directed to invest, from time to time upon the request of the lrel Adm o oun c usof fno Secretary of the Treasury, out of the funds held by the Alien Prop- be invested in . erty Custodian or by the Treasurer of the United States for the Alien Property Custodian, an amount not to exceed $40,000,000 in the aggregate,- in one or more participating certificates issued by the Secretary of the Treasury in accordance with the provisions of this Credi t of temp orari ly section . postponed returned "(2) When in the case of any trust written consent under sub- trusts. section (m) of section 9 has been filed, an amount equal to the portion of such trust the return of which is temporarily postponed under In vestment of ex- such subsection shall be credited against the investment made under cess. paragraph (1) of this subsection. If the total amount so credited is in excess of the amount invested under paragraph (1) of this sub- section, the excess shall be invested by the Alien Property Custodian in acco rdance with the pr ovisio ns of this su bsecti on, wi thout regard If investment in ex- to the $40,000,000 limitation in 1 If the amount cess of credited amount, paragraph to be paid fro m Ger- invested under paragraph (1) of this subsection is in excess of the man special deposit, total amount so credited, such excess shall, from time to time on request of the Alien Property Custodian, be paid to him out of the Ante, p. 260. funds i n the, Germa n spec ial de posit account creat ed by sectio n 4 of Priority . the Settlement of War Claims Act of 1928, and such payments shall have priority over any payments therefrom other than the payments under paragraph (1) of subsection (c) of such section (relating to Investment from nn- ex penses of ad minist ration ). allocated interest fund. (b) The Alien Property Custodian is authorized and directed to invest, in one or more participating certificates issued by the Post, p. 274. Secretary of the Treasury, out of the unallocated interest fund, as Designated amount, defined in section 28- Additio nal if amoun t a (1) The sum of $25,000,000. If, after the allocation under section allocated to trusts is in excess thereof. 26 has been made, the amount of the unallocated interest fund allo- ca ted to th e trusts described in subse ction (c ) of such section is found to be in excess of $25,000,000, such excess shall be invested by the Alien Property Custodian in accordance with the provisions of this Correction if less, subsection. If the amount so allocated is found to be less than $25 ,000,000 any parti cipating certifica te or cer tificates that hav e been Balance remaining issued shall be corrected accordingly ; and after i nvestment and "(2) The balance of such unallocated interest fund remaining payments . after the investment provided for in paragraph (1) and the paymet Post, p. 273. of allocated earnings in accordance with the provisions of subsection If interest fund in- (b) of section 26 have been made . sufficient, balance to "(c) If the amount of such unallocated interest fund, remaining be paid from Germa n special deposit. after the investment required by paragraph (1) of subsection (b) of this section has been made, is insufficient to pay the allocated earnings in accordance with subsection (b) of section 26, then the amount necessary to make up the deficiency shall be paid out of the funds Ante, p.260. in the German special deposit account created by section 4 of the Priority given. Settlement of War Claims Act of 1928, and such payment shall have priority over any payments therefrom other than the payments under paragraph (1) of subsection (c) of such section (relating to expenses of administration) and the payments under paragraph (2) of Transfer of all money, subsection (a) of this section. etc ., own ed by the (d) The Alien Property Custodian is authorized and directed German Government, after the of debts under section 9 to transfer to the to special deposit. ~ payment ) Secretary of the Treasury, for deposit in such special deposit account, all money and the proceeds of all property, including all

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 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. income, dividends, interest, annuities, and earnings accumulated in respect thereof, owned by the German Government or any member of the former ruling family . All money and other property shall be held to be owned by the German Government (1) if no claim thereto has been filed with the Alien Property Custodian prior to the expiration of one year from the date of the enactment of the Settlement of War Claims Act of 1928, or (2) if any claim has been filed before the expiration of such period (whether before or after the enactment of such Act), then if the ownership thereof under any such claim is not established by a decision of the Alien Property Custodian or by suit in court instituted, under section 9, within one year after the decision of the Alien Property Custodian, or after the date of the enactment of the Settlement of War Claims Act of 1928, whichever date is later. The amounts so transferred under this subsection shall be credited upon the final payment due the United States from the German Governmen t on account of the awards of the Mixed Claims Commission. "(e) The Secretary of the Treasury is authorized and directed to issue to the Alien Property Custodian, upon such terms and con- ditions and under such regulations as the Secretary of the Treasury may prescribe, one or more participating certificates, bearing interest payable annually (as nearly as may be) at the rate of 5 per centum per annum, as evidence of the investment by the Alien Property Custodian under subsection (a), and one or more non-interest-bear- ing participating certificates, as evidence of the investment by the Alien Property Custodian under subsection (b) . All such certifi- cates shall evidence a participating interest, in accordance with, and subject to the priorities of, the provisions of section 4 of the Settlement of War Claims Act of 1928, in the funds in the German spec ial depo sit acco unt crea ted by s uch sect ion, exc ept that - "(1) The United States shall assume no liability, directly or indirectly, for the payment of any such certificates, or of the interest thereon, except out of funds in such special deposit account available therefor, and all such certificates shall so state on their face " (2) Such cer tifi cate s sh all not be t rans fera ble, exc ept that the Alien Property Custodian may transfer any such participating certificate evidencing the interest of a substantial number of the owners of the money invested, to a trustee duly appointed by such owners . "(f) Any amount of principal or interest paid to the Alien Prop- erty Custodian in accordance with the provisions of subsection (c) of section 4 of the Settlement of War Claims Act of 1928 shall be allocated pro rata among the persons filing written consents under subsection (in) of section 9 of this Act, and the amounts so allocated shall be paid to such persons. If any person to whom any amount is payable under this subsection has died (or if, in the case of a part- nership, association, or other unincorporated body of individuals, or a corporation, its existence has terminated), payment shall be made to the persons determined by the Alien Property Custodian to be entitled thereto. "(g) The Alien Property Custodian is aut horized and directed (after the payment of debts under section 9) to transfer to the Secretary of the Treasury, for deposit in the special deposit account (Austrian or Hungarian, as the case may be), created by section 7 of the Settlement of War Claims Act of 1928, all money and thfe proceeds of all property, including all income, dividends, interest, annuities, and earnings accumulated in respect thereof, owned by the Aus tria n Go vern ment or any corp orat ion all the stoc k of whi ch was owned by or on behalf of the Austrian Government (including the property of the Imperial Royal_ Tobacco Monopoly, also known 269 Property, etc., con - sidered as owned by German Government . Trans fers cred ited to Germa n payments . Inter est-b eari ng pa r- ticipating certificates for awards temporarily postponed . Ante, p. 268. Non- inter est- bear ing certificates for oth er awards. Interest of, in Ger- man special deposit. Certificates payable only from special de- posi t fun ds, no Fe deral liability .ssumed. Transfers limited. Paym ents allo cate d to persons consenting to receive 80 per cent of award. Pos t, p. 27 2. In case of death, etc. All money and prop- erty proceeds of Aus- trian or Hungarian Governments to be deposited in special accounts. Ante, p. 266.
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 270 SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928. r u nd er t he na me o f K. K. Oesterreichische Tabak Regie), or owned by the Hungarian Government or by any corporation all the stock of which was owned by or on behalf of the Hungarian Government ." Return to held RETURN TO NATIONALS OF GERMANY, AUSTRIA, AND HUNGARY OF PROPERTY etc ., of property by Custodian . HELD BY ALIEN PROPERTY CUSTODIAN Addit ional directed . returns of SEc . 1 1 . Subsection (b) of section 9 of the Trading with the Enemy property d Vol . 42, p. 1513, Act, as amended, is amended by striking out the punctuation at the amended . end of paragraph (11) and inserting in lieu thereof a semicolon and the word "or" and inserting after paragraph (11) the following new paragraphs : "(12) A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by subjects or citizens of nations, States, or free cities other .than Austria or Hungary or Austria-Hungary and is so owned at the time of the return of its money or other property, and has filed the written consent provided for in subsection (m) ; or "(13) A pa rtne rshi p, a ssoc iati on, or o ther uni ncor pora ted body of individuals, having its principal place of business at such time within any country other than Austria, Hungary, or Austria-Hun- gary, or a corporation organized or incorporated within any country other than Austria, Hungary, or Austria-Hungary, and that the written consent provided for in subsection (m) has been filed ; or " (14) An individual who at such time was a citizen or subject of Germany or who, at the time of the return of any money or other property, is a citizen or subject of Germany or is not a citizen or subject of any nation, State, or free city, and that the written consent provided for in subsection (m) has been filed ; or "(15) The Austro-Hungarian Bank, except that the money or other property thereof shall be returned only to the liquidators thereof ; or "(16) An individual, partnership, association, or other unincor- porated body of individuals, or a corporation, and that the written consent provided for in subsection (m) has been filed, and that no suit or proceeding against the United States or any agency thereof is pending in respect of such return, and that such individual has filed a written waiver renouncing on behalf of himself, his heirs, successors, and assigns any claim based upon the fact that at the time of such return he was in fact entitled to such return under any other provision of this Act ; or "(17) A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by citizens of Austria and is so owned at the time of the return of its money or other property ; or "(18) A partnership, association, or other unincorporated body of individuals, having its principal place of business at such time within Austria, or a corporation organized or incorporated within Austria "(19) An individual who at such time was a citizen of Austria or who, at the time of the return of any money or other property, is a citizen of Austria ; or "(20) A partnership, association, or other unincorporated body of individuals, or a corporation, and was entirely owned at such time by citizens of Hungary and is so owned at the time of the return of its money or other property ; or "(21) A partnership, association, or other unincorporated body of individuals, having its principal place of business at such time within Hungary, or a corporation organized or incorporated within Hunga ry ; or To partnerships, etc ., entirely owned by other than Austrians or Hungarians . Condition . Post,p. 272. Partn ersh ips, etc ., i n business outside of Aus- tria or Hungary . Condition. Individual Germans . Condition. Austro-Hungarian Bank to liquidators . Persons consen ting to receive 80 per cent, and having no suit against United States, etc . Post, p. 272 . Partnerships, etc ., entirely owned by Aus- trians . Partnerships, etc ., with principal business in Austria . Indi vidual Aus- trians . Partnerships, etc ., entirely owned by Hu ngarian s . Partnerships, etc ., with principal business in Hungary
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 SEVENTIETH CONGRESS. SEss. I. CH. 167. 1928 . 271 "(22) An individual who at such time was a citizen of Hungary I ndivi dual Hunga - or who, a t the time of the return of any money or other propert y, is a citizen of Hungary,-" Vol. 42, p. 1514, SEC. 12. (a) Subsection (d) of section 9 of the Trading with the amended . Enemy Act, as amended, is amended to read as follows : aen operty of dece- "(d) Whenever an individual, deceased, would have been entitled, Return to legal repre- if living, to the return of any money or other without filing logt 20pe without fil- y y property t, ing pr cent reduc- the written consent provided for in subsection (m), then his legal tionconsent . representative may proceed for the return of such money or other property in the same manner as such individual might proceed if living, and such money or other property may be returned to such legal representative without requiring the appointment of an administrator, or an ancillary administrator, by a court in the United States, or to any such ancillary administrator, for distribution Applicati on to pend- directly to the persons entitled thereto . Return in accordance with in g claims . the provisions of this subsection may be made in any case where an application or court proceeding by any legal representative, under the pro visions of th is subsection before its amendment by the Settlement of War Claims Act of 1928, is pending and undetermined Securities to be re- at the time of the enactment of such Act. All bonds or other security turned. given under the provisions of this subsection before such amendment shall be canceled or released and all sureties thereon discharged ." Returns to nationals (b) Subsection (e) of section 9 of the Trading with the Enemy of allies . Act, as amended, is amended by striking out the period at the end ao il. 42, p. 1514, thereof and inserting a semicolon and the following : " nor shall a Pri or n otice of claim debt be allowed under this section unless notice of the claim has required to be fried . been filed, or application therefor has been made, prior to the date of the enactment of the Settlement of War Claims Act of 1928 ." (c) Subsection (g) of section 9 of the Trading with the Enemy am l. 2, p. 1515, Act, as amended, is amended to read as follows "( g) Whenever an individual, deceased, would have been entitled, seRtive tole al re ea if living, to the return of any money or other property upon filing person on Sling 20 per the written consent provided for in subsection (m), then his legal cent reduction, consent. representative may proceed for the return of such money or other property in the same manner as such individual might proceed if living, and such money or other property may be returned, upon fi ling the wri tten con sent pro vide d fo r in sub sect ion (m ), to such legal representative without requiring the appointment of an admin- istrator, or an ancillary administrator, by a court in the United States, or to any such ancillary administrator, for distribution to No prior right affect . the persons entitled thereto. This subsection shall not be construed ed. a s extinguishing or diminishing any right which any citizen of the United States may have had under this subsection prior to its amend- ment by the Settlement of War Claims Act of 1928 to receive in full his int erest in the property of an y individual dying before such amen dment ." SEC. 13 . Subsections (j) and (k) of section 9 of the Trading with Patents, 42 p 1515, the Enemy Act, as amended, are amended so as to comprise three amended . subsections, to read as follows "(j) The Alien Property Custodian is authorized and directed to etc ., R not of pa tent s, sold, etc. return to the person entitled thereto, whether or not an enemy or ally of enemy and regardless of the value, any patent, trade-mark, print, label, copyright, or right therein or claim thereto, which was con- veyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him, and which has not been sold, licensed, if licen sed, etc. or otherwise disposed of under the provisions of this Act, and to return any such patent, trade-mark, print, label, copyright, or right therein or claim thereto, which has been licensed, except that, any patent, trade-mark, print, label, copyright, or right therein or claim thereto, which is returned by the Alien Property Custodian and

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