Friday, May 24, 2019
Title 50, Sole Relief and Remedy...
§ 7 TITLE 50,
APPENDIX—WAR AND NATIONAL DEFENSE Page 18 ……of, or for the
benefit of an enemy or ally of enemy have any right or remedy against
the debtor, obligor, or other person liable to pay, fulfill, or
perform the same unless said assignment, indorsement, or delivery was
made prior to the beginning of the war or shall be made under license
as herein provided, or unless, if made after the beginning of the war
and prior to the date of passage of this Act [Oct. 6, 1917], the
person to whom the same was made shall prove lack of knowledge and of
reasonable cause to believe on his part that the same was made by,
from or on behalf of, or on account of, or for the benefit of an
enemy or ally of enemy; and any person who knowingly pays,
discharges, or satisfies any such debt, note, bill, or other
obligation or chose in action shall, on conviction thereof, be deemed
to violate section three hereof [section 3 of this Appendix]:
Provided, That nothing in this Act [said sections] contained shall
prevent the carrying out, completion, or performance of any contract,
agreement, or obligation originally made with or entered into by an
enemy or ally of enemy where, prior to the beginning of the war and
not in contemplation thereof, the interest of such enemy or ally of
enemy devolved by assignment or otherwise upon a person not an enemy
or ally of enemy, and no enemy or ally of enemy will be benefited by
such carrying out, completion, or performance otherwise than by
release from obligation thereunder. Nothing in this Act [said
sections] shall be deemed to prevent payment of money belonging or
owing to an enemy or ally of enemy to a person within the United
States not an enemy or ally of enemy, for the benefit of such person
or of any other person within the United States, not an enemy or ally
of enemy, if the funds so paid shall have been received prior to the
beginning of the war and such payments arise out of transactions
entered into prior to the beginning of the war, and not in
contemplation thereof: Provided, That such payment shall not be made
without the license of the President, general or special, as provided
in this Act [said sections]. Nothing in this Act [said sections]
shall be deemed to authorize the prosecution of any suit or action at
law or in equity in any court within the United States by an enemy or
ally of enemy prior to the end of the war, except as provided in
section ten hereof [section 10 of this Appendix]: Provided, however,
That an enemy or ally of enemy licensed to do business under this Act
[said sections] may prosecute and maintain any such suit or action so
far as the same arises solely out of the business transacted within
the United States under such license and so long as such license
remains in full force and effect: And provided further, That an enemy
or ally of enemy may defend by counsel any suit in equity or action
at law which may be brought against him. Receipt of notice from the
President to the effect that he has reasonable ground to believe that
any person is an enemy or ally of enemy shall be prima facie defense
to any one receiving the same, in any suit or action at law or in
equity brought or maintained, or to any right or set-off or
recoupment asserted by, such person and based on failure to complete
or perform since the beginning of the war any contract or other
obligation. In any prosecution under section sixteen hereof [section
16 of this Appendix] proof of receipt of notice from the President to
the effect that he has reasonable cause to believe that any person is
an enemy or ally of enemy shall be prima facie evidence that the
person receiving such notice has reasonable cause to believe such
other person to be an enemy or ally of enemy within the meaning of
section three hereof [section 3 of this Appendix]. (c) If the
President shall so require any money or other property including (but
not thereby limiting the generality of the above) patents,
copyrights, applications therefor, and rights to apply for the same,
trade marks, choses in action, and rights and claims of every
character and description owing or belonging to or held for, by, on
account of, or on behalf of, or for the benefit of, an enemy or ally
of enemy not holding a license granted by the President hereunder,
which the President after investigation shall determine is so owning
or so belongs or is so held, shall be conveyed, transferred,
assigned, delivered, or paid over to the Alien Property Custodian, or
the same may be seized by the Alien Property Custodian; and all
property thus acquired shall be held, administered and disposed of as
elsewhere provided in this Act [sections 1 to 6, 7 to 39, and 41 to
44 of this Appendix]. Any requirement made pursuant to this Act [said
sections], or a duly certified copy thereof, may be filed,
registered, or recorded in any office for the filing, registering, or
recording of conveyances, transfers, or assignments of any such
property or rights as may be covered by such requirement (including
the proper office for filing, registering, or recording conveyances,
transfers, or assignments of patents, copyrights, trade-marks, or any
rights therein or any other rights); and if so filed, registered, or
recorded shall impart the same notice and have the same force and
effect as a duly executed conveyance, transfer, or assignment to the
Alien Property Custodian so filed, registered, or recorded. Whenever
any such property shall consist of shares of stock or other
beneficial interest in any corporation, association, or company or
trust, it shall be the duty of the corporation, association, or
company or trustee or trustees issuing such shares or any
certificates or other instruments representing the same or any other
beneficial interest to cancel upon its, his, or their books all
shares of stock or other beneficial interest standing upon its, his,
or their books in the name of any person or persons, or held for, on
account of, or on behalf of, or for the benefit of any person or
persons who shall have been determined by the President, after
investigation, to be an enemy or ally of enemy, and which shall have
been required to be conveyed, transferred, assigned, or delivered to
the Alien Property Custodian or seized by him, and in lieu thereof to
issue certificates or other instruments for such shares or other
beneficial interest to the Alien Property Custodian or otherwise, as
the Alien Property Custodian shall require. The
sole relief and remedy of any person having any claim to any money or
other property heretofore or hereafter conveyed, transferred, Page 19
TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE § 8 assigned,
delivered, or paid over to the Alien Property Custodian, or required
so to be, or seized by him shall be that provided by the terms of
this Act [said sections], and in the event of sale or other
disposition of such property by the Alien Property Custodian, shall
be limited to and enforced against the net proceeds received
therefrom and held by the Alien Property Custodian or by the
Treasurer of the United States. (d) If not required to pay,
convey, transfer, assign, or deliver under the provisions of
subsection (c) of this section, any person not an enemy or ally of
enemy who owes to, or holds for, or on account of, or on behalf of,
or for the benefit of an enemy or of an ally of enemy not holding a
license granted by the President hereunder, any money or other
property, or to whom any obligation or form of liability to such
enemy or ally of enemy is presented for payment, may, at his option,
with the consent of the President, pay, convey, transfer, assign, or
deliver to the alien property custodian said money or other property
under such rules and regulations as the President shall prescribe.
(e) No person shall be held liable
in any court for or in respect to anything done or omitted in
pursuance of any order, rule, or regulation made by the President
under the authority of this Act [sections 1 to 6, 7 to 39, and 41 to
44 of this Appendix]. Any payment, conveyance, transfer, assignment,
or delivery of money or property made to the alien property custodian
hereunder shall be a full acquittance and discharge for all purposes
of the obligation of the person making the same to the extent of
same. The alien property custodian and such other persons as the
President may appoint shall have power to execute, acknowledge, and
deliver any such instrument or instruments as may be necessary or
proper to evidence upon the record or otherwise such acquittance and
discharge, and shall, in case of payment to the alien property
custodian of any debt or obligation owed to an enemy or ally of
enemy, deliver up any notes, bonds, or other evidences of
indebtedness or obligation, or any security therefor in which such
enemy or ally of enemy had any right or interest that may have come
into the possession of the alien property custodian, with like effect
as if he or they, respectively, were duly appointed by the enemy or
ally of enemy, creditor, or obligee. The President shall issue to
every person so appointed a certificate of the appointment and
authority of such person, and such certificate shall be received in
evidence in all courts within the United States. Whenever any such
certificate of authority shall be offered to any registrar, clerk, or
other recording officer, Federal or otherwise, within the United
States, such officer shall record the same in like manner as a power
of attorney, and such record or a duly certified copy thereof shall
be received in evidence in all courts of the United States or other
courts within the United States. (Oct. 6, 1917, ch. 106, §7, 40
Stat. 416; Nov. 4, 1918, ch. 201, §1, 40 Stat. 1020.) AMENDMENTS
1918—Subsec. (c). Act Nov. 4, 1918, amended subsec. (c) generally,
inserting provisions on recording of property transfers, cancellation
of enemy owned stock by corporations, and restriction of claims to
relief provided
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