in subsection (a) hereof, and thereafter may make application to the President for allowance of such claim and/or may institute suit in equity to recover such property, as provided in said subsection, and with like effect. The President or the court, as the case may be, may make the same determinations with respect to citizenship and other relevant facts that the President is authorized to make under the provisions of subsection (b) hereof. (d) [Proceedings by representatives of deceased persons.] Whenever a person, deceased, would have been entitled, if living, to the return of his money or other property hereunder, then his legal representative may proceed for the return of such property as provided in subsection (a) hereof: Provided, however, That the President or the court, as the case may be, before granting such relief shall impose such conditions by way of security or otherwise, as the President or the court, respectively, shall deem sufficient to insure that such legal representative will redeliver to the Alien Property Custodian such portion of the money or other property so received by him as shall be distributable to any person not eligible as a claimant under subsections (a) or (c) hereof. (e) [Returns to nationals of allied nations subject to reciprocal action.] No money or other property shall be returned nor any debt allowed under this section to any person who is a citizen or subject of any nation which was associated with the United States in the prosecution of the war, unless such nation in like case extends reciprocal rights to citizens of the United States; nor in any event shall a debt be allowed under this section unless it was owing to and owned by the claimant prior to October 6, 1917, and as to claimants other than citizens of the United States unless it arose with reference to the money or other property held by the Alien Property Custodian or Treasurer of the United States hereunder. (f) [Moneys or property not liable to attachment, etc.] Except as herein provided, the money or other property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court. (g) [Application of section.] This section shall not apply, however, to money paid to the Alien Property Custodian under section 10 hereof. 1 8. Amendment of Feb. 27, 1921. (41 STAT. 1147.) That subdivisions (2) and (3) of subsection (b) of section 9 of an Act entitled "An Act to define, regulate, and punish trading with the enemy, and for other purposes," approved October 6, 1917, as amended, be, and hereby are, amended, so as to read as follows: (2) [Return to woman of neutral or allied nation married to enemy.] A woman who, at the time of her marriage, was a subject or citizen of a nation which has remained neutral in the war, or of a nation which was associated with the United States in the prosecution of said war, and who, prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary and that the money or other property concerned was not acquired by such woman, either directly or indirectly, from any subject or citizen of Germany or Austria-Hungary subsequent to January 1, 1917. (3) [Return to woman, American citizen, married to enemy.] A woman who, at the time of her marriage, was a citizen of the United States and who, prior to April 6, 1917, intermarried with a subject or citizen of Germany or Austria-Hungary, and that the money or other property concerned was not acquired by such woman, either directly or indirectly, from any subject or citizen of Germany or AustriaHungary subsequent to January 1, 1917. 9. Amendment of Dec. 21, 1921. (PUBLIC-No. 115-67TH CONGRESS.) [Section 9 amended.] That section 9 of the Act entitled "An Act to define, regulate, and punish trading with the enemy, and for other purposes,' approved October 6, 1917, as amended, is hereby amended by striking out the words "six months " in such section and inserting in lieu thereof "eighteen months." 10. Amendment of Dec. 27, 1922. (PUBLIC-No. 372-67TH CONGRESS.) [Secion 9 amended.] That section 9 of the Trading with the Enemy Act as amended is amended by striking out the words "eighteen months" in such section and inserting in lieu thereof "thirty months." |