Page images
PDF
EPUB

[13 Stats. 122]

CHAP. CXVII.-An Act to authorize the Secretary of the Treasury to stipulate for the Release from Attachment or other Processes, of Property claimed by the United States, and for other Purposes.

June 11, 1864.

judicial proceed

owned, &c., by

States, how may

proceedings.

Be it enacted by the Senate and House of Representatives Attachment in of the United States of America in Congress assembled, ing of property That whenever any property owned or held by the United the United States, or in which the United States have or claim an be discharged. interest, shall, in any judicial proceeding under the laws of any state, district, or territory, be seized, arrested, attached, or held for the security or satisfaction of any claim made against said property, it shall be lawful for the Secretary of the Treasury, in his discretion, to direct the solicitor of the treasury to cause a stipulation to be entered into by the proper district attorney for the discharge of such property from such seizure, arrest, attachment, or proceeding, to the effect that upon such discharge, the person asserting the claim against such property shall become entitled to all the benefits of this act; and in all cases where such stipulation shall be entered into, as aforesaid, and the property shall, in consequence thereof, be discharged as aforesaid, and final judgment Effect of final shall be given in the court of last resort to which the Sec- judgment in such retary of the Treasury may deem proper to cause such proceedings to be carried, affirming the claim for the security or satisfaction of which such proceedings shall have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of said property had not been changed: and if such claim be for the payment of money, and the same shall by such judgment be found to be due, the presentation of a duly authenticated. copy of the record of such judgment and proceedings. shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the treasury not otherwise appropriated: Provided, That Limit the amount so to be allowed and paid shall not exceed the value of the interest of the United States in the property in question: And provided, further, That nothing

amount

paid.

of

to

bj

such claim, &c.

herein contained shall be considered as recognizing or Right to enforce conceding any right to enforce by seizure, arrest, attachnot recognized. ment, or any judicial process, any claim against any property of the United States, or against any property held. owned, or employed by the United States, or by any department thereof, for any public use, or as waiving any objection to any proceeding instituted to enforce any such claim.

June 25, 1864.

Property of of

ture by the ene

APPROVED, June 11, 1864.

[13 Stats. 182]

CHAP. CL.-An Act to amend an Act entitled "An Act to provide for the Payment of Horses and other Property destroyed in the Military Services of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to which this is an amendment shall, from ficers lost by cap- the commencement of the present rebellion, extend to my to be paid for. and embrace all cases of the loss of horses by any officer, non-commissioned officer, or private in the military service of the United States, while in the line of their duty in such service, by capture by the enemy, whenever it shall appear that such officer, non-commissioned officer, or private was or shall be ordered by his superior officer to surrender to the enemy, and such capture was or shall be made in pursuance of such surrender.

APPROVED, June 25, 1864.

ACCOUNTING

INDEX-DIGEST.

By licensee of enemy patent to owner thereof. [Section 10 (f),
Trading with the Enemy Act; 40 Stats. 421]......

ACCOUNTS AND AUDITING

By licenses for importation, manufacture, storage, mining, or
distribution of necessaries...

See "PRESIDENT IS AUTHORIZED, To prescribe systems of
account and auditing."

ACQUITTANCES

For delivering to Alien Property Custodian property belong-
ing to enemy or ally of enemy. [Section 7 (e), Trading with
the Enemy Act, 40 Stats. 418].......

117

52

109

ACTS, VIOLATIVE OF TRADING WITH THE ENEMY ACT
President may postpone performance. [Section 5 (a), Trading
with the Enemy Act, 40 Stats. 415]..

101

ADVANCES

On Government contracts. [Urgent Deficiencies Act, 40 Stats.
383].......

AGENCY OF GOVERNMENT

Use of wheat for. See "PRESIDENT IS AUTHORIZED, To use
purchased articles"; "To establish governmental buying
and selling agencies"; and "To use agencies."

AGENTS

See "PRESIDENT IS AUTHORIZED, To create and use agencies;"
"To cooperate;" "To use agencies;" "To accept services;"
"To coordinate."

Of President, to inspect accounts of licensed importers, manu-
facturers, storers, miners, and distributors of necessaries.

See "PRESIDENT IS AUTHORIZED, To prescribe systems of
account and auditing."

To investigate operations of stock exchanges and clearing houses.
See "PRESIDENT IS AUTHORIZED, To appoint investigating
agents.

[ocr errors]

To seize articles to be unlawfully exported.

See "ARMS AND OTHER ARTICLES INTENDED FOR EXPORT."
AGRICULTURAL IMPLEMENTS AND MACHINERY
See "SECRETARY OF AGRICULTURE IS AUTHORIZED.
AIRCRAFT

Expositions of, forbidden. [Presidential Proclamation, No.
1420]....

87

159

See "Patents for Aircraft."

AIRPLANES

Materials for construction, sale of. [Urgent Deficiencies Act, 40
Stats. 356]....

85

See "SHIPS AND WAR MATERIALS."

AIR STATION

Land for, Secretary of Navy authorized to acquire by con-
demnation. [Air Station Act, 40 Stats. 344]..........

1077

83

ALCOHOLIC CONTENT

Of malt liquors, prescribed. [Presidential Proclamation, No.
1416]........

ALIEN PROPERTY CUSTODIAN

* * *

The President is authorized to appoint, prescribe the duties
of, and fix the salary
of an official to be known as
the Alien Property Custodian, who shall be empowered to
receive all money and property in the United States due or
belonging to an enemy, or ally of enemy, which may be
paid, conveyed, transferred, assigned, or delivered to said
custodian under the provisions of the Trading with the
Enemy Act. [Section 6, Trading with the Enemy Act, 40
Stats. 415]...

Bond to be given by. [Section 6, Trading with the Enemy Act,
40 Stats. 415]. ..........

Delivery of enemy property to the Treasurer may be ordered
by. [Section 12, Trading with the Enemy Act, 40 Stats.
423]...

Delivery to, of property other than money. [Section 12, Trad-
ing with the Enemy Act, 40 Stats. 423]..
Effect of transfer of property to, on person transferring. [Sec-
tion 7 (e), Trading with the Enemy Act, 40 Stats. 418]......
Has power of "common-law trustee." [Section 12, Trading
with the Enemy Act, 40 Stats. 423]...

Notice to, necessary, of suits for infringement of enemy-owned
patents. [Section 10 (g), Trading with the Enemy Act, 40
Stats. 422]..

151

102

102

109

119

109

120

118

Powers and duties of, in enforcement of the Trading with the
Enemy Act. [Executive Order, No. 2729-A; No. 2744]............ 185, 187
Property in custody of, not subject to lien, attachment, garnish-
ment, trustee process or execution or subject to any order or
decree of any court. [Section 9, Trading with the Enemy
Act, 40 Stats. 419]..

114

119

To pay over enemy funds or property on order of the President.
[Section 12, Trading with the Enemy Act, 40 Stats. 423]....
"ALLY OF ENEMY"

Defined. [Trading with the Enemy Act, 40 Stats. 411]. . . . ..
ALLY OF ENEMY, TRADING WITH

See "PRESIDENT IS AUTHORIZED, To license."
AMMONIA

Industry, licenses therefor to be secured, applications for which
must be made to the Law Department-License Division,
United States Food Administration. [Presidential Procla-
mation, No. 1421]..

AMMUNITION AND ARMS

See "ARMS AND AMMUNITION," etc.

ANCHORAGE

Of vessels, in time of National emergency. [Espionage Act,
Title II, 40 Stats. 220]..

APPLICATIONS

For license for making, dealing, etc., in explosives. [Explo-
sives Act, 40 Stats. 387]......

[blocks in formation]

For patents by enemy and ally of enemy. [Section 10 (a),
Trading with the Enemy Act, 40 Stats. 420]...

114

APPOINTMENTS

Of employees under Explosives Act by Director of Bureau of
Mines. [Explosives Act, 40 Stats. 388].......

ARMS AND AMMUNITION

See "Secretary of War is authorized."

Exported or destined for export, in violation of law, subject to
seizure and detention. [Espionage Act, Title VI, 40 Stats.
224]....

In time of war or when war is imminent,

See "PRESIDENT IS AUTHORIZED, To place a (compulsory)
order," and "Such product or material as may be re-
quired."

ARMS AND AMMUNITION OR PARTS OF AMMUNITION
OR ANY NECESSARY SUPPLIES AND EQUIPMENT
FOR THE ARMY

The President, through the head of any Department of the
Government, "in addition to the present authorized methods
of purchase or procurement herein provided for, is hereby
authorized to take immediate possession of any such plant
or plants [equipped for, or which in the opinion of the Sec-
retary of War shall be capable of being readily transformed
into a plant for the manufacture of arms and ammunition,
or parts thereof, or other necessary supplies or equipment]
and through the Ordnance Department of the United States
Army, to manufacture therein in time of war, or when war
shall be imminent, such product or material as may be re-
quired," whenever the party owning such plant as above
described shall fail or refuse to execute an order placed
with him by the Secretary of War. [National Defense Act,
39 Stats. 213]...........

ARMS AND OTHER ARTICLES INTENDED FOR EX-
PORT

"The several collectors, naval officers, surveyors, inspectors of
customs, and marshals and deputy marshals of the United
States, and every other person duly authorized for the pur-
pose by the President, may seize and detain any articles or
munitions of war about to be exported or shipped from or
taken out of the United States, in violation of law, and the
vessels or vehicles containing the same, and retain possession
thereof until released or disposed of as hereinafter directed.
If upon due inquiry, as hereinafter provided, the property
seized shall appear to have been about to be so unlawfully
exported, shipped from, or taken out of the United States,
the same shall be forfeited to the United States."
Forfeiture shall be accomplished through [a] a hearing upon a
petition filed by the owner or claimant, as the case may be,
or [b] a summary libel proceeding which "shall conform, as
near as may be, to the proceedings in admiralty, except that
either party may demand trial by jury of any issue of fact
joined in such libel cases, and all such proceedings shall be
at the suit of and in the name of the United States." [Espi-
onage Act, Title VI, 40 Stats. 223, 224]...

91

27

1

28

« PreviousContinue »