Article 6

Article 6

50 U. S. Code Appendix
War and National Defense Act
Oct 17, 1940, CH. 888, 54 STAT. 1178
Article 6 - Administrative Remedies

Sec.
580. Transfers to take advantage of act.
581. Certificates of service; persons reported missing.
582. Revocation, etc., of interlocutory orders.
583. Separability.
584. Termination date.
585. Omitted.

Sec. 580. Transfers to take advantage of act
Where in any proceeding to enforce a civil right in any court it is made to appear to the satisfaction of the court that any interest, property, or contract has since October 17, 1940, been transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this Act (sections 501 to 593 of this Appendix), the court shall enter such judgment or make such order as might lawfully be entered or made, the provisions of this Act (said sections) to the contrary notwithstanding.

SOURCE--(Oct. 17, 1940, ch. 888, art. VI, Sec. 600, 54 Stat. 1190; Mar. 18, 1991, Pub. L. 102-12, Sec. 9(25), 105 Stat. 41.)

AMENDMENTS

1991 - Pub. L. 102-12 substituted "October 17, 1940," for "the date of the approval of this Act".

Back to top

Sec. 581. Certificates of service; persons reported missing

(1) In any proceeding under this Act (sections 501 to 593 of this Appendix) a certificate signed by The Adjutant General of the Army as to persons in the Army or in any branch of the United States service while serving pursuant to law with the Army of the United States, signed by the Chief of Naval Personnel as to persons in the United States Navy or in any other branch of the United States service while serving pursuant to law with the United States Navy, and signed by the Commandant, United States Marine Corps, as to persons in the Marine Corps, or in any other branch of the United States service while serving pursuant to law with the Marine Corps, or signed by an officer designated by any of them, respectively, for the purpose, shall when produced be prima facie evidence as to any of the following facts stated in such certificate:

That a person named has not been, or is, or has been in military service; the time when and the place where such person entered military service, his residence at that time, and the rank, branch, and unit of such service that he entered, the dates within which he was in military service, the monthly pay received by such person at the date of issuing the certificate, the time when and the place where such person died in or was discharged from such service.

(2) It shall be the duty of the foregoing officers to furnish such certificate on application, and any such certificate when purporting to be signed by any one of such officers or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the signer to issue the same.

(3) Where a person in military service has been reported missing he shall be presumed to continue in the service until accounted for, and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the Department of Defense, or any court or board thereof, or until such death is found by a court of competent jurisdiction. No period herein limited which begins or ends with the death of such person shall be extended beyond a period of six months after the time when this Act (said sections) ceases to be in force.

SOURCE--(Oct. 17, 1940, ch. 888, art. VI, Sec. 601, 54 Stat. 1190; Jan. 20, 1942, ch. 10, Sec. 1, 2, 56 Stat. 10; Mar. 18, 1991, Pub. L. 102-12, Sec. 9(26), 105 Stat. 41.)

REFERENCES IN TEXT

The time when this Act ceases to be in force, referred to in subsec. (3), is defined in section 584 of this Appendix.

AMENDMENTS

1991 - Par. (1). Pub. L. 102-12, Sec. 9(26)(A), substituted "Chief of Naval Personnel" for "Chief of the Bureau of Navigation of the Navy Department".

Par. (3). Pub. L. 102-12, Sec. 9(26)(B)(i), which directed the substitution of "Department of Defense" for "Department of War or the Navy", was executed by making the substitution for "Department of War or Navy" to reflect the probable intent of Congress.

Pub. L. 102-12, Sec. 9(26)(B)(ii), substituted "jurisdiction. No" for "jurisdiction: Provided, That no".

1942 - Act Jan. 20, 1942, changed "Major General Commandant of the Marine Corps" to "Commandant of the Marine Corps".

Back to top

Sec. 582. Revocation, etc., of interlocutory orders

Any interlocutory order made by any court under the provisions of this Act (sections 501 to 593 of this Appendix) may, upon the court's own motion or otherwise, be revoked, modified, or extended by it upon such notice to the parties affected as it may require.

SOURCE--(Oct. 17, 1940, ch. 888, art. VI, Sec. 602, 54 Stat. 1191.)

Back to top

Sec. 583. Separability

If any provision of this Act (sections 501 to 593 of this Appendix), or the application thereof to any person or circumstances, is held invalid, the remainder of the Act (said sections), and the application of such provision to other persons or circumstances, shall not be affected thereby.

SOURCE-- (Oct. 17, 1940, ch. 888, art. VI, Sec. 603, 54 Stat. 1191.)

Back to top

Sec. 584. Termination date

This Act (sections 501 to 593 of this Appendix) shall remain in force until May 15, 1945, except that should the United States be then engaged in a war, this Act (said sections) shall remain in force until such war is terminated by a treaty of peace proclaimed by the President and for six months thereafter. Whenever under any section or provision of this Act (said sections) a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided with respect to military service performed prior to the date herein fixed for the termination of this Act (said sections), such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of such proceeding, remedy, privilege, stay, limitation, accounting, or other transaction.

SOURCE--(Oct. 17, 1940, ch. 888, art. VI, Sec. 604, 54 Stat. 1191; Mar. 18, 1991, Pub. L. 02-12, Sec. 9(27), 105 Stat. 41.)

AMENDMENTS

1991 - Pub. L. 102-12, Sec. 9(27)(A), substituted "1945, except that" for "1945: Provided, That".

Pub. L. 102-12, Sec. 9(27)(B), which directed the substitution of "thereafter. Whenever" for "thereafter: Provided further, That whenever", was executed by making the substitution for "thereafter: Provided further, That wherever" to reflect the probable intent of Congress.

EXTENSION OF ACT

Notwithstanding the provisions of act July 25, 1947, ch. 327, 61 Stat. 449, set out below, this entire act, sections 501 to 593 of this Appendix, are in force and effect and shall so remain until a subsequent Act of Congress terminates them, under the provisions of section 464 of this Appendix.

TERMINATION OF WAR

Joint Res. July 25, 1947, ch. 327, Sec. 4, 61 Stat. 454, provided: "For the purposes of article IV of the Act of October 17, 1940 (54 Stat. 1183-1186), as amended (sections 540 to 548 of this Appendix), the present war shall be deemed to have terminated within the meaning of section 604 (54 Stat. 1191) of the said Act (this section), as of the effective date of this joint resolution (July 25, 1947)."

Back to top

Sec. 585. Omitted
Section, act Oct. 17, 1940, ch. 888, art. VI, Sec. 605, 54 Stat. 1191, related to the inapplicability of the Soldiers' and Sailors' Relief Act of 1918 (section 101 et seq. of this Appendix), to military service performed after Oct. 17, 1940.



NOTE:
MilitaryWives.com, Incorporated, it owners, officers, or shareholders are NOT attorneys. This information is presented ONLY for reference. You should perform your own research for the current version of the information.

Although deemed reliable, changes do occur therefore MilitaryWives.com, Incorporated, it owners, officers, or shareholders strongly advise you to seek the advice of counsel prior to applying any of the information contained within these pages.