-CITE-
    10 USC CHAPTER 655 - PRIZE                                  01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
                            CHAPTER 655 - PRIZE                        

-MISC1-
    Sec.                                                     
    7651.       Scope of chapter.                                     
    7652.       Jurisdiction.                                         
    7653.       Court in which proceedings brought.                   
    7654.       Effect of failure to start proceedings.               
    7655.       Appointment of prize commissioners and special prize
                 commissioners.                                       
    7656.       Duties of United States attorney.                     
    7657.       Duties of commanding officer of capturing vessel.     
    7658.       Duties of prize master.                               
    7659.       Libel and proceedings by United States attorney.      
    7660.       Duties of prize commissioners.                        
    7661.       Interrogation of witnesses by prize commissioners.    
    7662.       Duties of marshal.                                    
    7663.       Prize property appropriated for the use of the United
                 States.                                              
    7664.       Delivery of property on stipulation.                  
    7665.       Sale of prize.                                        
    7666.       Mode of making sale.                                  
    7667.       Transfer of prize property to another district for
                 sale.                                                
    7668.       Disposition of prize money.                           
    7669.       Security for costs.                                   
    7670.       Costs and expenses a charge on prize property.        
    7671.       Payment of costs and expenses from prize fund.        
    7672.       Recaptures: award of salvage, costs, and expenses.    
    7673.       Allowance of expenses to marshals.                    
    7674.       Payment of witness fees.                              
    7675.       Commissions of auctioneers.                           
    7676.       Compensation of prize commissioners and special prize
                 commissioners.                                       
    7677.       Accounts of clerks of district courts.                
    7678.       Interfering with delivery, custody, or sale of prize
                 property.                                            
    7679.       Powers of district court over prize property
                 notwithstanding appeal.                              
    7680.       Appeals and amendments in prize causes.               
    7681.       Reciprocal privileges to cobelligerent.               

-End-



-CITE-
    10 USC Sec. 7651                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7651. Scope of chapter

-STATUTE-
      (a) This chapter applies to all captures of vessels as prize
    during war by authority of the United States or adopted and
    ratified by the President. However, this chapter does not affect
    the right of the Army or the Air Force, while engaged in
    hostilities, to capture wherever found and without prize procedure -
     
        (1) enemy property; or
        (2) neutral property used or transported in violation of the
      obligations of neutrals under international law.

      (b) As used in this chapter - 
        (1) "vessel" includes aircraft; and
        (2) "master" includes the pilot or other person in command of
      an aircraft.

      (c) Property seized or taken upon the inland waters of the United
    States by its naval forces is not maritime prize. All such property
    shall be delivered promptly to the proper officers of the courts.
      (d) Nothing in this chapter may be construed as contravening any
    treaty of the United States.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 474.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7651(a)      34 U.S.C. 1131 (less 1st      R.S. 4613 (less 1st      
                  proviso).                     proviso); June 24, 1941,
                                                ch. 232, 55 Stat. 261.  
                 34 U.S.C. 1159 (as            Aug. 18, 1942, ch. 553,  
                  applicable to capture).       Sec. 1 (as applicable to
                                                capture), 56 Stat. 746; 
                                                July 1, 1944, ch. 370,  
                                                Sec. 1, 58 Stat. 678;   
                                                Nov. 14, 1945, ch. 472, 
                                                Sec. 1, 59 Stat. 581.   
    7651(b)      34 U.S.C. 1131 (1st           R.S. 4613 (1st proviso); 
                  proviso).                     June 24, 1941, ch. 232, 
                                                55 Stat. 261.           
                 34 U.S.C. 1132.               R.S. 4614; June 24,      
                                                1941, ch. 232, 55 Stat. 
                                                261.                    
    7651(c)      50 U.S.C. 214.                R.S. 5310.               
    7651(d)      34 U.S.C. 1158 (last          R.S. 4652 (last          
                  sentence).                    sentence).              
    --------------------------------------------------------------------

      In subsection (a) the words "including aircraft" are omitted as
    covered by subsection (b). The section is written to make the words
    "during war" applicable to the entire chapter. These words appear
    in 34 U.S.C. 1159, but not in 34 U.S.C. 1131. Prize is historically
    and uniformly treated as a war-time matter, so no substantive
    change results from the extension. The words "this chapter does not
    affect" are substituted for the words "nothing herein contained
    shall be construed as affecting, or in any way impairing". The
    words "Air Force" are added under authority of Sec. 305(a) of the
    National Security Act of 1947, as amended (5 U.S.C. 171l), to
    provide the same applicability as formerly provided by the word
    "Army". The word "legal" is omitted as surplusage.
      In subsection (b) the definition of the term "ship" is omitted as
    covered by the term "vessel". All of 34 U.S.C. 1132 except that
    part which includes "aircraft" within the term "vessels" is omitted
    as unnecessary since the defined term "vessels of the Navy" does
    not appear in the provisions to which the definition is made
    applicable. The last sentence of 34 U.S.C. 1158 applies only to
    Title LIV (Prize) of the Revised Statutes. In subsection (d) it is
    broadened to cover the entire body of statutory prize law.
    Additions to the prize law made by the Act of August 18, 1942, ch.
    553, 56 Stat. 746, as amended, operated only to extend the
    jurisdiction of courts of the United States to certain cases in
    which the prizes are not brought into the territorial waters of the
    United States. Relations of this country with other countries are
    not affected by the 1942 Act except when jurisdiction is exercised
    by American courts over prizes brought into cobelligerent ports. As
    that Act provides that the consent of the cobelligerent is
    necessary to the exercise of such jurisdiction, the rule against
    contravention of treaties is properly applied to it.

-End-



-CITE-
    10 USC Sec. 7652                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7652. Jurisdiction

-STATUTE-
      (a) The United States district courts have original jurisdiction,
    exclusive of the courts of the States, of each prize and each
    proceeding for the condemnation of property taken as prize, if the
    prize is - 
        (1) brought into the United States, or the Commonwealths or
      possessions;
        (2) brought into the territorial waters of a cobelligerent;
        (3) brought into a locality in the temporary or permanent
      possession of, or occupied by, the armed forces of the United
      States; or
        (4) appropriated for the use of the United States.

      (b) The United States district courts, exclusive of the courts of
    the States, also have original jurisdiction of a prize cause in
    which the prize property - 
        (1) is lost or entirely destroyed; or
        (2) cannot be brought in for adjudication because of its
      condition.

      (c) The jurisdiction conferred by this section of prizes brought
    into the territorial waters of a cobelligerent may not be
    exercised, nor may prizes be appropriated for the use of the United
    States within those territorial waters, unless the government
    having jurisdiction over those waters consents to the exercise of
    the jurisdiction or to the appropriation.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 474; Pub. L. 109-163, div. A,
    title X, Sec. 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7652(a)      34 U.S.C. 1159 (less          Aug. 18, 1942, ch. 553,  
                  applicability to capture).     Sec. 1 (less            
                                                applicability to        
                                                capture), 56 Stat. 746; 
                                                July 1, 1944, ch. 370,  
                                                Sec. 1, 58 Stat. 678;   
                                                Nov. 14, 1945, ch. 472, 
                                                Sec. 1, 59 Stat. 581.   
                 34 U.S.C. 1164 (2d            Aug. 18, 1942, ch. 553,  
                  sentence).                    Sec. 6 (less 1st        
                                                sentence), 56 Stat. 747.
    7652(c)      34 U.S.C. 1166.               Aug. 18, 1942, ch. 553,  
                                                Sec. 8, 56 Stat. 747.   
                 34 U.S.C. 1161.               Aug. 18, 1942, ch. 553,  
                                                Sec. 3, 56 Stat. 746.   
    --------------------------------------------------------------------

      Subsection (a) reflects 28 U.S.C. 1333 by restating the basic
    prize jurisdiction of that section over prizes brought into the
    United States, and by providing that the extension of prize
    jurisdiction conferred by 34 U.S.C. 1159 on the United States
    district courts is exclusive of the courts of the States. 34 U.S.C.
    1166 and the second sentence of 34 U.S.C. 1164 are executed in the
    single jurisdictional statement of this section and the
    consolidation of the Act of August 18, 1942, ch. 553, 56 Stat. 746
    (34 U.S.C. 1159-1166) with the earlier prize provisions. The words
    "during war" in 34 U.S.C. 1159 are omitted as covered in Sec. 7651
    of this title. In clause (1) the words "or the Territories,
    Commonwealths, or possessions" are added, since "United States" in
    this title is geographically limited to the 48 States and the
    District of Columbia, whereas the term here is intended to include
    all places within the jurisdiction of the district courts.
      In clause (4) the words "taken or" preceding the words
    "appropriated for the use of the United States" are omitted as
    surplusage and in order to avoid confusion between the two meanings
    of the word "taken" in prize law. In both the Revised Statutes and
    the 1942 Act the phrase "taken or appropriated" means no more than
    "appropriated" alone, whereas "taken", in the phrase "taken as
    prize" means "captured".
      Subsection (b) is included to make the statement of jurisdiction
    complete. It is derived by implication from the first sentence of
    R.S. 4625 (34 U.S.C. 1141) which is the source of subsection (c) of
    Sec. 7653 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-163 substituted "Commonwealths
    or possessions" for "Territories, Commonwealths, or possessions".

-End-



-CITE-
    10 USC Sec. 7653                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7653. Court in which proceedings brought

-STATUTE-
      (a) If a prize is brought into a port of the United States, or
    the Commonwealths or possessions, proceedings for the adjudication
    of the prize cause shall be brought in the district in which the
    port is located.
      (b) If a prize is brought into the territorial waters of a
    cobelligerent, or is brought into a locality in the temporary or
    permanent possession of, or occupied by, the armed forces of the
    United States, or is appropriated for the use of the United States,
    before proceedings are started, the venue of the proceedings for
    adjudication of the cause shall be in the judicial district
    selected by the Attorney General, or his designee, for the
    convenience of the United States.
      (c) If the prize property is lost or entirely destroyed or if,
    because of its condition, no part of it has been or can be sent in
    for adjudication, proceedings for adjudication of the cause may be
    brought in any district designated by the Secretary of the Navy. In
    such cases the proceeds of anything sold shall be deposited with
    the Treasurer of the United States or public depositary in or
    nearest the district designated by the Secretary, subject to the
    orders of the court for that district.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 474; Pub. L. 109-163, div. A,
    title X, Sec. 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7653(b)      34 U.S.C. 1160.               Aug. 18, 1942, ch. 553,  
                                                Sec. 2, 56 Stat. 746.   
    7653(c)      34 U.S.C. 1141 (less last     R.S. 4625 (less last     
                  sentence).                    sentence).              
    --------------------------------------------------------------------

      Subsection (a) is inserted in order to present a complete
    statement of the subject matter of the section. Its substance is
    not specifically set out in the Revised Statutes but is strongly
    implied in 34 U.S.C. 1135 which requires the United States attorney
    for the district in which the port is located to file a libel.
      In subsection (b) the requisites for jurisdiction conferred under
    the 1942 Act are substituted for the words "brought under the
    jurisdiction conferred by this Act". The substituted words are the
    same as those used in clauses (2), (3), and (4) of the preceding
    section except that the words "before proceedings are started" are
    added following the words "appropriated for the use of the United
    States" for clarity. An appropriation can take place before or
    after proceedings are commenced, but in the latter case there is no
    occasion for the Attorney General to determine venue.
      In subsection (c) the words "or if because the whole has been
    appropriated to the use of the United States" and the words "or the
    value of anything taken or appropriated for the use of the United
    States" are omitted. The provision in the 1942 Act which empowers
    the Attorney General to decide the venue of proceedings when the
    prize property has been appropriated is incompatible with the
    provision in R.S. 4625 which authorizes the Secretary of the Navy
    to select the judicial district in such cases. Hence the 1942 Act
    superseded R.S. 4625 with respect to cases of this type. Deposit of
    the value of prize property appropriated by the United States is
    adequately covered in Sec. 7663 of this title and is not mentioned
    here. The second sentence of 34 U.S.C. 1141 (R.S. 4625), relating
    to proceedings by captors, is omitted because it was rendered
    inoperative by the Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat.
    1007, which repealed all laws authorizing the distribution of prize
    money to captors.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-163 substituted "Commonwealths or
    possessions" for "Territories, Commonwealths, or possessions".

-End-



-CITE-
    10 USC Sec. 7654                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7654. Effect of failure to start proceedings

-STATUTE-
      If a vessel is captured as prize and no proceedings for
    adjudication are started within a reasonable time, any party
    claiming the captured property may, in any district court as a
    court of prize - 
        (1) move for a monition to show cause why such proceedings
      shall not be started; or
        (2) bring an original suit for restitution.

    The monition issued in either case shall be served on the United
    States Attorney for the district, on the Secretary of the Navy, and
    on such other persons as are designated by order of the court.

-SOURCE-
    (Aug. 10, 1956. ch. 1041, 70A Stat. 475.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7654         34 U.S.C. 1141 (last          R.S. 4625 (last          
                  sentence).                    sentence).              
    --------------------------------------------------------------------


-End-



-CITE-
    10 USC Sec. 7655                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7655. Appointment of prize commissioners and special prize
      commissioners

-STATUTE-
      (a) In each judicial district there may be not more than three
    prize commissioners, one of whom is the naval prize commissioner.
    They shall be appointed by the district court for service in
    connection with any prize cause in which proceedings are brought
    under section 7653(a) or (c) of this title. The naval prize
    commissioner must be an officer of the Navy whose appointment is
    approved by the Secretary of the Navy. The naval prize commissioner
    shall protect the interests of the Department of the Navy in the
    prize property. At least one of the other commissioners must be a
    member of the bar of the court, of not less than three years'
    standing, who is experienced in taking depositions.
      (b) A district court may appoint special prize commissioners to
    perform abroad, in connection with any prize cause in which
    proceedings are brought under section 7653(b) of this title, the
    duties prescribed for prize commissioners, and, in connection with
    those causes, to exercise anywhere such additional powers and
    perform such additional duties as the court considers proper,
    including the duties prescribed by this chapter for United States
    marshals. The court may determine the number and qualifications of
    the special prize commissioners it appoints, except that for each
    cause there shall be at least one naval special prize commissioner.
    The naval special prize commissioner must be an officer of the Navy
    whose appointment is approved by the Secretary. The naval special
    prize commissioner shall protect the interests of the Department of
    the Navy in the prize property.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 475.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7655(a)      34 U.S.C. 1137 (less          R.S. 4621 (less          
                  applicability to              applicability to        
                  compensation of the naval     compensation of the     
                  prize commissioner).          naval prize             
                                                commissioner); Nov. 14, 
                                                1945, ch. 472, Sec. 2,  
                                                59 Stat. 581.           
    7655(b)      34 U.S.C. 1163 (less          Aug. 18, 1942, ch. 553,  
                  applicability to              Sec. 5 (less            
                  compensation of the naval     applicability to        
                  special prize                 compensation of the     
                  commissioner).                naval special prize     
                                                commissioner), 56 Stat. 
                                                746.                    
    --------------------------------------------------------------------

      The first sentence of subsection (a) is reworded to make it clear
    that the limitation as to number applies to the number of prize
    commissioners who may serve in each judicial district at any one
    time and that the court is not precluded from making additional
    appointments to fill vacancies. The words "for service in
    connection with any prize cause in which proceedings are brought
    under section 7653(a) or (c) of this title" are added to
    distinguish the prize commissioners from the special prize
    commissioners mentioned in subsection (b). The words "officer of
    the Navy" in subsections (a) and (b) are substituted for the words
    "naval officer, active or retired" because an officer of the Navy
    does not lose his status as such upon retirement, and to retain
    these words would open to question the many other provisions in
    this subtitle treating retired officers as officers.
      In subsection (b) the words "in connection with any prize cause
    in which proceedings are brought under section 7653(b) of this
    title" are substituted for the words "in cases arising under this
    Act" for accuracy of reference. The words "including the duties
    prescribed by this chapter for United States marshals" are added
    for clarity. Section 7662 of this title prescribes the duties of
    marshals. Most of these duties could not be performed by the
    marshals if the prize was not brought into a United States port. In
    such cases occurring during World War II the courts, under the
    authority of the 1942 Act, required the special prize commissioners
    to perform the duties ordinarily performed by the marshals. The
    words "without regard for the requirements of section 7367 of this
    title" are omitted as unnecessary, since that section is codified
    in subsection (a), and language distinguishing the prize
    commissioners from the special prize commissions is included in
    each subsection.

-End-



-CITE-
    10 USC Sec. 7656                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7656. Duties of United States attorney

-STATUTE-
      (a) The interests of the United States in a prize cause shall be
    represented by the United States attorney for the judicial district
    in which the prize cause is adjudicated. The United States attorney
    shall protect the interests of the United States and shall examine
    all fees, costs, and expenses sought to be charged against the
    prize fund.
      (b) In a judicial district where one or more prize causes are
    pending the United States attorney shall send to the Secretary of
    the Navy, at least once every three months, a statement of all such
    causes in the form and covering the particulars required by the
    Secretary.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 475.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7656         34 U.S.C. 1136.               R.S. 4619.               
    --------------------------------------------------------------------

      The Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which
    repealed all laws authorizing the distribution of prize money to
    captors, rendered inoperative parts of R.S. 4619 relative to
    protection of captors' interest. These parts are omitted from 34
    U.S.C. 1136 and from the revised section.

-End-



-CITE-
    10 USC Sec. 7657                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7657. Duties of commanding officer of capturing vessel

-STATUTE-
      (a) The commanding officer of a vessel making a capture shall - 
        (1) secure the documents of the captured vessel, including the
      log, and the documents of cargo, together with all other
      documents and papers, including letters, found on board;
        (2) inventory and seal all the documents and papers;
        (3) send the inventory and documents and papers to the court in
      which proceedings are to be had, with a written statement - 
          (A) that the documents and papers sent are all the papers
        found, or explaining the reasons why any are missing; and
          (B) that the documents and papers sent are in the same
        condition as found, or explaining the reasons why any are in
        different condition;

        (4) send as witnesses to the prize court the master, one or
      more of the other officers, the supercargo, purser, or agent of
      the prize, and any other person found on board whom he believes
      to be interested in or to know the title, national character, or
      destination of the prize, and if any of the usual witnesses
      cannot be sent, send the reasons therefor to the court; and
        (5) place a competent prize master and a prize crew on board
      the prize and send the prize, the witnesses, and all documents
      and papers, under charge of the prize master, into port for
      adjudication.

      (b) In the absence of instructions from higher authority as to
    the port to which the prize shall be sent for adjudication, the
    commanding officer of the capturing vessel shall select the port
    that he considers most convenient in view of the interests of
    probable claimants.
      (c) If the captured vessel, or any part of the captured property,
    is not in condition to be sent in for adjudication, the commanding
    officer of the capturing vessel shall have a survey and an
    appraisal made by competent and impartial persons. The reports of
    the survey and the appraisal shall be sent to the court in which
    proceedings are to be had. Property so surveyed and appraised,
    unless appropriated for the use of the United States, shall be sold
    under authority of the commanding officer present. Proceeds of the
    sale shall be deposited with the Treasurer of the United States or
    in the public depositary most accessible to the court in which
    proceedings are to be had and subject to its order in the cause.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 476.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7657         34 U.S.C. 1133.               R.S. 4615.               
    --------------------------------------------------------------------

      As does 34 U.S.C. 1133, the revised section reflects the Act of
    March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, and the Act of May
    29, 1920, ch. 214, Sec. 1, 41 Stat. 654, which, respectively,
    abolished the interest of captors in prize property and substituted
    "Treasurer of the United States or public depositary" for
    "assistant treasurer of the United States".

-End-



-CITE-
    10 USC Sec. 7658                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7658. Duties of prize master

-STATUTE-
      The prize master shall take the captured vessel to the selected
    port. On arrival he shall - 
        (1) deliver immediately to a prize commissioner the documents
      and papers and the inventory thereof;
        (2) make affidavit that the documents and papers and the
      inventory thereof and the prize property are the same and are in
      the same condition as delivered to him, or explaining any loss or
      absence or change in their condition;
        (3) report all information respecting the prize and her capture
      to the United States attorney;
        (4) deliver the persons sent as witnesses to the custody of the
      United States marshal; and
        (5) retain the prize in his custody until it is taken therefrom
      by process from the prize court.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 476.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7658         34 U.S.C. 1134.               R.S. 4617.               
    --------------------------------------------------------------------

      The word "diligently" is omitted as surplusage.

-End-



-CITE-
    10 USC Sec. 7659                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7659. Libel and proceedings by United States attorney

-STATUTE-
      (a) Upon receiving the report of the prize master directed by
    section 7658 of this title, the United States attorney for the
    district shall promptly - 
        (1) file a libel against the prize property;
        (2) obtain a warrant from the court directing the marshal to
      take custody of the prize property; and
        (3) proceed to obtain a condemnation of the property.

      (b) In connection with the condemnation proceedings the United
    States attorney shall insure that the prize commissioners - 
        (1) take proper preparatory evidence; and
        (2) take depositions de bene esse of the prize crew and of
      other transient persons who know any facts bearing on
      condemnation.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 477.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7659         34 U.S.C. 1135.               R.S. 4618.               
    --------------------------------------------------------------------

      As does 34 U.S.C. 1135, the revised section reflects the Act of
    March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which repealed all
    laws authorizing distribution of prize proceeds to captors.

-End-



-CITE-
    10 USC Sec. 7660                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7660. Duties of prize commissioners

-STATUTE-
      One or more of the prize commissioners shall - 
        (1) receive from the prize master the documents and papers of
      the captured vessel and the inventory thereof;
        (2) take the affidavit of the prize master required by section
      7658 of this title;
        (3) take promptly, in the manner prescribed by section 7661 of
      this title, the testimony of the witnesses sent in;
        (4) take, at the request of the United States attorney, on
      interrogatories prescribed by the court, the depositions de bene
      esse of the prize crew and others;
        (5) examine and inventory the prize property;
        (6) apply to the court for an order to the marshal to unload
      the cargo, if this is necessary to that examination and
      inventory;
        (7) report to the court, and notify the United States attorney,
      whether any of the prize property requires immediate sale in the
      interest of all parties;
        (8) report to the court, from time to time, any matter relating
      to the condition, custody, or disposal of the prize property
      requiring action by the court;
        (9) return to the court sealed and secured from inspection - 
          (A) the documents and papers received, duly scheduled and
        numbered;
          (B) the preparatory evidence;
          (C) the evidence taken de bene esse; and
          (D) their inventory of the prize property; and

        (10) report to the Secretary of the Navy, if, in their
      judgment, any of the prize property is useful to the United
      States in the prosecution of war.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 477.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7660         34 U.S.C. 1138 (less          R.S. 4622 (less          
                  applicability to              applicability to        
                  procedure for                 procedure for           
                  interrogating witnesses).     interrogating witnesses).
    --------------------------------------------------------------------

      The words "but the custody of the property shall be in the
    marshal only" are omitted as surplusage, since this fact is made
    clear in Sec. 7662 of this title.

-End-



-CITE-
    10 USC Sec. 7661                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7661. Interrogation of witnesses by prize commissioners

-STATUTE-
      Witnesses before the prize commissioners shall be questioned
    separately, on interrogatories prescribed by the court, in the
    manner usual in prize courts. Without special authority from the
    court, the witnesses may not see the interrogatories, documents, or
    papers, or consult with counsel or with other persons interested in
    the cause. Witnesses who have the rights of neutrals shall be
    discharged as soon as practicable.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 477.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7661         34 U.S.C. 1138 (as            R.S. 4622 (as applicable 
                  applicable to procedure       to procedure for        
                  for interrogating             interrogating witnesses).
                  witnesses).                                           
    --------------------------------------------------------------------


-End-



-CITE-
    10 USC Sec. 7662                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7662. Duties of marshal

-STATUTE-
      The marshal shall - 
        (1) keep in his custody all persons found on board a prize and
      sent in as witnesses, until they are released by the prize
      commissioners or the court;
        (2) keep safely in his custody all prize property under warrant
      from the court;
        (3) report to the court any cargo or other property that he
      thinks should be unloaded and stored or sold;
        (4) insure the prize property, if in his judgment it is in the
      interest of all concerned;
        (5) have charge of the sale of the property, if a sale is
      ordered, and be responsible for the conduct of the sale in the
      manner required by the court, for the collection of the gross
      proceeds, and for their immediate deposit with the Treasurer of
      the United States or public depositary nearest the place of sale,
      subject to the order of the court in the cause; and
        (6) submit to the Secretary of the Navy, at such times as the
      Secretary designates, a full statement of the condition of the
      prize and of the disposal made thereof.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 478.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7662         34 U.S.C. 1139.               R.S. 4623.               
    --------------------------------------------------------------------

      In clause (2) the words "in his custody" are inserted to make
    clear the fact that the marshal has custody of the prize property.
      In clause (5) the words "and be responsible for" are inserted for
    clarity, since 34 U.S.C. 1144 provides that the sale and deposit of
    the proceeds shall be made by the auctioneer and his agent rather
    than by the marshal, although the marshal supervises them. The
    words "Treasurer of the United States or public depositary" are
    substituted for "assistant treasurer" to reflect the Act of May 29,
    1920, ch. 214, 41 Stat. 654.

-End-



-CITE-
    10 USC Sec. 7663                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7663. Prize property appropriated for the use of the United
      States

-STATUTE-
      (a) Any officer or agency designated by the President may
    appropriate for the use of the United States any captured vessel,
    arms, munitions, or other material taken as prize. The department
    or agency for whose use the prize property is appropriated shall
    deposit the value of the property with the Treasurer of the United
    States or with the public depositary nearest to the court in which
    the proceedings are to be had, subject to the orders of the court.
      (b) Whenever any captured vessel, arms, munitions, or other
    material taken as prize is appropriated for the use of the United
    States before that property comes into the custody of the prize
    court, it shall be surveyed, appraised, and inventoried by persons
    as competent and impartial as can be obtained, and the survey,
    appraisal, and inventory sent to the court in which the proceedings
    are to be had. If the property is appropriated after it comes into
    the custody of the court, sufficient notice shall be given to
    enable the court to have the property appraised for the protection
    of the rights of the claimants.
      (c) Notwithstanding subsections (a) and (b), in any case where
    prize property is appropriated for the use of the United States, a
    prize court may adjudicate the cause on the basis of an inventory
    and survey and an appropriate undertaking by the United States to
    respond for the value of the property, without either an appraisal
    or a deposit of the value of the prize with the Treasurer of the
    United States or a public depositary.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 478.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7663         34 U.S.C. 1162.               Aug. 18, 1942, ch. 553,  
                                                Sec. 4, 56 Stat. 746;   
                                                July 1, 1944, ch. 370,  
                                                Sec. 2, 58 Stat. 678.   
                 34 U.S.C. 1140.               R.S. 4624; Nov. 14,      
                                                1945, ch. 472, Sec. 3,  
                                                59 Stat. 581.           
    --------------------------------------------------------------------

      In subsection (a) the words "may appropriate" are substituted for
    the words "the power to take or appropriate * * * may be
    exercised", in 34 U.S.C. 1162, for clarity and uniformity of
    statement. Under the Revised Statutes it was implied and understood
    that the Navy could appropriate prizes on behalf of the United
    States for use by the Navy. Use by other government agencies was
    not contemplated. The 1942 Act enabled the Navy to turn prize
    vessels over to the War Shipping Administration without bringing
    them back to United States ports. Reference to that Administration
    in subsection (a) is omitted since the Administration has been
    abolished and these functions have not been specifically vested in
    its successors. It is surplusage as well, because the authority to
    appropriate is given to any officer or agency designated by the
    President.
      The proviso added to R.S. 4624 (34 U.S.C. 1140) by the 1945
    amendment is identical with the proviso added to the 1942 Act (34
    U.S.C. 1162) by the 1944 amendment. The 1945 Act completed the
    process of making the procedure under the Revised Statutes the same
    as that in effect for causes over which the courts were given
    jurisdiction by the World War II legislation, and its single
    statement in subsection (c) is therefore justified.
      34 U.S.C. 1140 and the revised section reflect the Act of March
    3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which repealed laws
    authorizing distribution of prize proceeds to captors, and the Act
    of May 29, 1920, ch. 214, 41 Stat. 654, which requires substitution
    of "Treasurer of the United States or public depositary" for
    "assistant treasurer".

-End-



-CITE-
    10 USC Sec. 7664                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7664. Delivery of property on stipulation

-STATUTE-
      (a) Prize property may be delivered to a claimant on stipulation,
    deposit, or other security, if - 
        (1) the claimant satisfies the court that the property has a
      peculiar and intrinsic value to him, independent of its market
      value;
        (2) the court is satisfied that the rights and interests of the
      United States or of other claimants will not be prejudiced;
        (3) an opportunity is given to the United States attorney and
      the naval prize commissioner or the naval special prize
      commissioner to be heard as to the appointment of appraisers; and
        (4) a satisfactory appraisal is made.

      (b) Money collected on a stipulation, or deposited instead of it,
    that does not represent costs shall be deposited with the Treasurer
    of the United States or a public depositary in the same manner as
    proceeds of a sale.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 479.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7664         34 U.S.C. 1142.               R.S. 4626.               
    --------------------------------------------------------------------

      34 U.S.C. 1142 and this section reflect the Act of March 3, 1899,
    ch. 413, Sec. 13, 30 Stat. 1007, which repealed laws authorizing
    distribution of prize proceeds to captors, and the Act of May 29,
    1920, ch. 214, Sec. 1, 41 Stat. 654, which requires substitution of
    "Treasurer of the United States or public depositary" for
    "assistant treasurer".

-End-



-CITE-
    10 USC Sec. 7665                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7665. Sale of prize

-STATUTE-
      (a) The court shall order a sale of prize property if - 
        (1) the property has been condemned;
        (2) the court finds, at any stage of the proceedings, that the
      property is perishable, liable to deteriorate, or liable to
      depreciate in value; or
        (3) the cost of keeping the property is disproportionate to its
      value.

      (b) The court may order a sale of the prize property if, after
    the return-day on the libel, all the parties in interest who have
    appeared in the cause agree to it.
      (c) An appeal does not prevent the order of a sale under this
    section or the execution of such an order.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 479.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7665         34 U.S.C. 1143.               R.S. 4627.               
    --------------------------------------------------------------------

      In subsection (a) the word "perishing" is omitted as surplusage.
    The words "in value" are added after "depreciate" for clarity.
      In subsection (c) the words "An appeal does not prevent" are
    substituted for the words "no appeal shall operate to prevent".

-End-



-CITE-
    10 USC Sec. 7666                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7666. Mode of making sale

-STATUTE-
      (a) If a sale of prize property is ordered by the court, the
    marshal shall - 
        (1) prepare and circulate full catalogues and schedules of the
      property to be sold and return a copy of each to the court;
        (2) advertise the sale fully and conspicuously by posters and
      in newspapers ordered by the court;
        (3) give notice to the naval prize commissioner at least five
      days before the sale; and
        (4) keep the goods open for inspection for at least three days
      before the sale.

      (b) An auctioneer of known skill in the business to which the
    sale pertains shall be employed by the Secretary of the Navy to
    make the sale. The auctioneer, or his agent, shall collect and
    deposit the gross proceeds of the sale. The auctioneer and his
    agent are responsible to the marshal for the conduct of the sale
    and the collection and deposit of the gross proceeds.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 479.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7666         34 U.S.C. 1144.               R.S. 4628.               
    --------------------------------------------------------------------

      The statement in subsection (b) of the responsibility of the
    auctioneer and agent to the marshal in the collection and deposit
    of proceeds is inserted to clarify the marshal's functions. It is
    derived from 34 U.S.C. 1139, and appears in Sec. 7662 of this
    title.

-End-



-CITE-
    10 USC Sec. 7667                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7667. Transfer of prize property to another district for sale

-STATUTE-
      (a) In the case of any prize property ordered to be sold, if the
    court believes that it will be in the interest of all parties to
    have the property sold in a judicial district other than the one in
    which the proceedings are pending, the court may direct the marshal
    to transfer the property to the district selected by the court for
    the sale, and to insure it. In such a case the court shall give the
    marshal proper orders as to the time and manner of conducting the
    sale.
      (b) When so ordered the marshal shall transfer the property and
    keep it safely. He is responsible for its sale in the same manner
    as if the property were in his own district and for the deposit of
    the gross proceeds with the Treasurer of the United States or
    public depositary nearest to the place of sale, subject to the
    order of the court for the district where the adjudication is
    pending.
      (c) The necessary expenses of insuring, transferring, receiving,
    keeping, and selling the property are a charge upon it and upon the
    proceeds. Whenever any such expense is paid in advance by the
    marshal, any amount not repaid to him from the proceeds shall be
    allowed to him as in the case of expenses incurred in suits in
    which the United States is a party.
      (d) If the Secretary of the Navy believes that it will be in the
    interest of all parties to have the property sold in a judicial
    district other than the one in which the proceedings are pending,
    he may, either by a general regulation or by a special direction in
    the cause, require the marshal to transfer the property from the
    district in which the judicial proceedings are pending to any other
    district for sale. In such a case proceedings shall be had as if
    the transfer had been made by order of the court.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 479.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7667         34 U.S.C. 1145.               R.S. 4629.               
    --------------------------------------------------------------------

      34 U.S.C. 1145 and this section reflect the Act of May 29, 1920,
    ch. 214, Sec. 1, 41 Stat. 654, which requires substitution of
    "Treasurer of the United States or public depositary" for
    "assistant treasurer".
      In subsection (b) the words "He is responsible for its sale" are
    substituted for the words "It shall be the duty of the marshal to *
    * * sell the same", because, as shown in Sec. 7666 of this title,
    the marshal does not sell the property himself but supervises the
    auctioneer who conducts the sale.

-End-



-CITE-
    10 USC Sec. 7668                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7668. Disposition of prize money

-STATUTE-
      The net proceeds of all property condemned as prize shall be
    decreed to the United States and shall be ordered by the court to
    be paid into the Treasury.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 480.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7668         34 U.S.C. 1151.               R.S. 4630; R.S. 4641.    
    --------------------------------------------------------------------

      R.S. 4630 provided that in some circumstances the captors were to
    receive the net proceeds of prize property and in other
    circumstances they were to receive half and the United States was
    to receive the other half. The Act of March 3, 1899, ch. 413, Sec.
    13, 30 Stat. 1007, repealed "all provisions of law authorizing the
    distribution among captors of the whole or any portion of the
    proceeds of vessels, or any property hereafter captured, condemned
    as prize". Thus the only part of R.S. 4630 that remains in effect,
    as is indicated in 34 U.S.C. 1151, is that part which provides that
    proceeds shall be decreed to the United States. The section is so
    worded. R.S. 4641 stated how proceeds decreed to captors should be
    divided among them. These provisions were eliminated by the Act of
    March 3, 1899, supra. All that remains of R.S. 4641, as is
    indicated in 34 U.S.C. 1151, is the provision that proceeds decreed
    to the United States shall be paid into the Treasury, and the
    section is worded accordingly.

-End-



-CITE-
    10 USC Sec. 7669                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7669. Security for costs

-STATUTE-
      The court may require any party to give security for costs at any
    stage of the cause and upon filing an appeal.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 480.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7669         34 U.S.C. 1148.               R.S. 4638.               
    --------------------------------------------------------------------

      The word "filing" is substituted for the word "claiming".

-End-



-CITE-
    10 USC Sec. 7670                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7670. Costs and expenses a charge on prize property

-STATUTE-
      (a) Costs and expenses allowed by the court incident to the
    bringing in, custody, preservation, insurance, and sale or other
    disposal of prize property are a charge upon the property and shall
    be paid from the proceeds thereof, unless the court decrees
    restitution free from such a charge.
      (b) Charges for work and labor, materials furnished, or money
    paid must be supported by affidavit or vouchers.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 480.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7670(a)      34 U.S.C. 1149.               R.S. 4639.               
    7670(b)      34 U.S.C. 1150 (2d            R.S. 4640 (2d sentence). 
                  sentence).                                            
    --------------------------------------------------------------------


-End-



-CITE-
    10 USC Sec. 7671                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7671. Payment of costs and expenses from prize fund

-STATUTE-
      (a) Payment may not be made from a prize fund except upon the
    order of the court. The court may, at any time, order the payment,
    from the deposit made with the Treasurer or public depositary in
    the cause, or costs or charges accrued and allowed.
      (b) When the cause is finally disposed of, the court shall order
    the Treasurer or public depositary to pay the costs and charges
    allowed and unpaid. If the final decree is for restitution, or if
    there is no money subject to the order of the court in the cause,
    costs or charges allowed by the court and not paid by the claimants
    shall be paid out of the fund for paying the expenses of suits in
    which the United States is a party or is interested.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 480.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7671         34 U.S.C. 1150 (less 2d       R.S. 4640 (less 2d       
                  sentence).                    sentence).              
    --------------------------------------------------------------------

      In subsection (b) the words "or orders" after "order" are omitted
    as surplusage. The words "a charge upon and" are omitted as
    surplusage.

-End-



-CITE-
    10 USC Sec. 7672                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7672. Recaptures: award of salvage, costs, and expenses

-STATUTE-
      (a) If a vessel or other property that has been captured by a
    force hostile to the United States is recaptured, and the court
    believes that the property had not been condemned as prize by
    competent authority before its recapture, the court shall award an
    appropriate sum as salvage.
      (b) If the recaptured property belonged to the United States, it
    shall be restored to the United States, and costs and expenses
    ordered to be paid by the court shall be paid from the Treasury.
      (c) If the recaptured property belonged to any person residing
    within or under the protection of the United States, the court
    shall restore the property to its owner upon his claim and on
    payment of such sum as the court may award as salvage, costs, and
    expenses.
      (d) If the recaptured property belonged to any person permanently
    residing within the territory and under the protection of any
    foreign government in amity with the United States, and, by the law
    or usage of that government, the property of a citizen of the
    United States would be restored under like circumstances of
    recapture, the court shall, upon the owner's claim, restore the
    property to him under such terms as the law or usage of that
    government would require of a citizen of the United States under
    like circumstances. If no such law or usage is known, the property
    shall be restored upon the payment of such salvage, costs, and
    expenses as the court orders.
      (e) Amounts awarded as salvage under this section shall be paid
    to the United States.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 481.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7672         34 U.S.C. 1158 (less last     R.S. 4652 (less last     
                  sentence).                    sentence).              
    --------------------------------------------------------------------

      In subsection (c) the words "restore the property" are
    substituted for the words "adjudge to be restored." A similar
    substitution is made in subsection (d).
      In subsection (d) the words "foreign government" are substituted
    for the words "foreign prince, government, or state".
      Subsection (e) is derived from the next to the last sentence of
    R.S. 4652 which, when enacted, read:
      "The whole amount awarded as salvage shall be decreed to the
    captors and no part to the United States, and shall be distributed
    as in the case of proceeds of property condemned as prize."
      The Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007,
    repealed all laws authorizing the distribution of prize money to
    captors. Accordingly, 34 U.S.C. 1158 states:
      "The whole amount awarded as salvage shall be disposed of as in
    the case of proceeds of property condemned as prize."
      As shown in Sec. 7668 of this title, the net proceeds of property
    condemned as prize must be decreed to the United States. Subsection
    (e) is phrased so as to state directly, instead of by reference,
    the fact that the amount awarded as salvage is paid to the
    government. While this is apparently inconsistent with R.S. 4652 as
    originally enacted, it is consistent with the intent expressed by
    Congress in the provision of the Act of March 3, 1899 (supra),
    which repealed provisions relating to the distribution of prize
    money and bounty to crews. This act, it is true, did not mention
    salvage; and salvage money is still occasionally awarded to crews
    of naval vessels. However, such occasions are rare, and it is the
    general policy of the Department of the Navy not to claim salvage
    on behalf of its personnel. No case appears in which salvage
    derived from prize has been claimed for such personnel. Prize
    salvage is more closely related to prize money than it is to other
    salvage. The determination by Congress that captors should not
    share in the proceeds of prizes is, therefore, as in 34 U.S.C.
    1158, carried through the revised section to salvage derived from
    prize. The word "amounts" is substituted for the words "the whole
    amount".

-End-



-CITE-
    10 USC Sec. 7673                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7673. Allowance of expenses to marshals

-STATUTE-
      The marshal shall be allowed his actual and necessary expenses
    for the custody, care, preservation, insurance, and sale or other
    disposal of the prize property, and for executing any order of the
    court in the prize cause. Charges of the marshal for expenses or
    disbursements shall be allowed only upon his oath that they have
    been necessarily incurred for the purpose stated.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 481.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7673         34 U.S.C. 1153.               R.S. 4645.               
    --------------------------------------------------------------------

      34 U.S.C. 1153 and the revised section reflect the Act of May 28,
    1896, ch. 252, Sec. 6, 29 Stat. 179, which provided that marshals
    should receive annual salaries in lieu of the fees and emoluments
    previously allowed them.

-End-



-CITE-
    10 USC Sec. 7674                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7674. Payment of witness fees

-STATUTE-
      If the court allows fees to any witness in a prize cause, or fees
    for taking evidence out of the district in which the court sits,
    and there is no money subject to its order in the cause, the
    marshal shall pay the fees. He shall be repaid from any money
    deposited to the order of the court in the cause. Any amount not so
    repaid to the marshal shall be allowed him as witness fees paid by
    him in cases in which the United States is a party.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 481.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7674         34 U.S.C. 1157.               R.S. 4651.               
    --------------------------------------------------------------------


-End-



-CITE-
    10 USC Sec. 7675                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7675. Commissions of auctioneers

-STATUTE-
      (a) The Secretary of the Navy may establish a scale of
    commissions to be paid to auctioneers employed to make sales of
    prize property. These commissions are in full satisfaction of
    expenses as well as services. The scale may in no case allow a
    commission in excess of - 
        (1)  1/2  of 1 percent on any amount exceeding $10,000 on the
      sale of a vessel; and
        (2) 1 percent of any amount exceeding $10,000 on the sale of
      other prize property.

      (b) If no such scale is established, auctioneers in prize causes
    shall be paid such compensation as the court considers just under
    the circumstances of each case.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 481.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7675         34 U.S.C. 1156.               R.S. 4650.               
    --------------------------------------------------------------------

      The word "amount" is substituted for the word "sum".

-End-



-CITE-
    10 USC Sec. 7676                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7676. Compensation of prize commissioners and special prize
      commissioners

-STATUTE-
      (a) Naval prize commissioners and naval special prize
    commissioners may not receive compensation for their services in
    prize causes other than that to which they are entitled as officers
    of the Navy.
      (b) Prize commissioners and special prize commissioners, except
    naval prize commissioners and naval special prize commissioners,
    are entitled to just and suitable compensation for their services
    in prize causes. The amount of compensation in each cause shall be
    determined by the court and allowed as costs.
      (c) Annually, on the anniversary of his appointment, each prize
    commissioner and special prize commissioner, except a naval prize
    commissioner or a naval special prize commissioner, shall submit to
    the Attorney General an account of all amounts received for his
    services in prize causes within the previous year. Of the amounts
    reported, each such commissioner may retain not more than $3,000,
    which is in full satisfaction for all his services in prize causes
    for that year. He shall pay any excess over that amount into the
    Treasury.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 482.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7676(a)      34 U.S.C. 1137 (as            R.S. 4621 (as applicable 
                  applicable to                 to compensation of naval
                  compensation of naval         prize commissioner);    
                  prize commissioner).          Nov. 14, 1945, ch. 472, 
                                                Sec. 2, 59 Stat. 581.   
                 34 U.S.C. 1163 (as            Aug. 18, 1942, ch. 553,  
                  applicable to                 Sec. 5 (as applicable to
                  compensation of naval         compensation of naval   
                  special prize                 special prize           
                  commissioner).                commissioner), 56 Stat. 
                                                746.                    
    7676(b)      34 U.S.C. 1154.               R.S. 4646.               
    7676(c)      34 U.S.C. 1155.               R.S. 4647.               
    --------------------------------------------------------------------

      In subsection (c) the words "on the anniversary of his
    appointment" are inserted for clarity, as "year" in the context of
    this section means a year of service as prize commissioner. The
    words "and shall be credited to the fund for paying naval pensions"
    are omitted because the Act of June 26, 1934, ch. 756, Sec. 9, 48
    Stat. 1229, abolished the naval pension fund and provided that
    moneys previously required to be paid into it should be deposited
    in the Treasury as miscellaneous receipts. The words "as
    miscellaneous receipts" are omitted as surplusage. The word
    "amounts" is substituted for the word "sums".
      34 U.S.C. 1154 and 1155 and this section reflect the Act of May
    28, 1896, ch. 252, Sec. 6, 29 Stat. 179, 180, which provided that
    United States attorneys should receive fixed annual salaries in
    lieu of the fees and emoluments previously authorized.

-End-



-CITE-
    10 USC Sec. 7677                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7677. Accounts of clerks of district courts

-STATUTE-
      (a) The clerk of each district court, for the purpose of the
    final decree in each prize cause, shall keep account of - 
        (1) the amount deposited with the Treasurer or public
      depositary, subject to the order of the court in the cause; and
        (2) the amounts ordered to be paid therefrom as costs and
      charges.

      (b) The clerk shall draw the orders of the court for the payment
    of costs and allowances and for the disposition of the residue of
    the prize fund in each cause.
      (c) The clerk shall send to the Secretary of the Treasury and the
    Secretary of the Navy - 
        (1) copies of final decrees in prize causes; and
        (2) a semi-annual statement of the amounts allowed by the
      court, and ordered to be paid, within the preceding six months to
      the prize commissioners and special prize commissioners for their
      services.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 482.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7677         34 U.S.C. 1152.               R.S. 4644.               
    --------------------------------------------------------------------

      34 U.S.C. 1152 and this section reflect modifications of R.S.
    4644 effected by - 
      (1) Act of May 28, 1896, ch. 252, Sec. 6, 29 Stat. 179, which
    provided for fixed annual salaries for United States attorneys and
    marshals;
      (2) Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which
    repealed all laws authorizing distribution of prize proceeds to
    captors;
      (3) Act of February 26, 1919, ch. 49, Sec. 1, 40 Stat. 1182,
    which provided that clerks of United States district courts should
    receive fixed annual salaries; and
      (4) Act of May 29, 1920, ch. 214, 41 Stat. 654, which abolished
    the offices of assistant treasurers and distributed their
    functions.

-End-



-CITE-
    10 USC Sec. 7678                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7678. Interfering with delivery, custody, or sale of prize
      property

-STATUTE-
      Whoever willfully does, or aids or advises in the doing of, any
    act relating to the bringing in, custody, preservation, sale, or
    other disposition of any property captured as prize, or relating to
    any documents or papers connected with the property or to any
    deposition or other document or paper connected with the
    proceedings, with intent to defraud, delay, or injure the United
    States or any claimant of that property, shall be fined not more
    than $10,000 or imprisoned not more than five years, or both.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 482.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7678         34 U.S.C. 1167.               Mar. 4, 1909, ch. 321,   
                                                Sec. 38, 35 Stat. 1096. 
    --------------------------------------------------------------------

      The words "captor or" between "any" and "claimant" are omitted
    because the Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007,
    repealed all laws authorizing the distribution of prize proceeds to
    captors. These words were apparently carried over inadvertently to
    Sec. 38 of the 1909 Act from the source of that section, namely
    R.S. 5441.
      The section is worded in the style of Title 18, U.S. Code.

-End-



-CITE-
    10 USC Sec. 7679                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7679. Powers of district court over prize property
      notwithstanding appeal

-STATUTE-
      Notwithstanding an appeal, the district court may make and
    execute all necessary orders for the custody and disposal of prize
    property.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 483.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7679         34 U.S.C. 1147.               R.S. 565; R.S. 4637.     
    --------------------------------------------------------------------

      34 U.S.C. 1147 and this section reflect - 
      (1) Act of March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which
    repealed all laws authorizing distribution of prize proceeds to
    captors;
      (2) Acts of March 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133, and
    February 13, 1925, ch. 229, Sec. 1, 43 Stat. 938, which defined the
    appellate jurisdiction of the United States circuit courts, and
    provided that the Supreme Court should not directly review district
    court decisions except in specified cases, not including prize
    cases; and
      (3) Act of June 25, 1948, ch. 646, 62 Stat. 869, which repealed
    the Acts of February 13, 1925, and March 3, 1911, supra, but
    enacted similar provisions and changed the name of United States
    Circuit Courts of Appeals to United States Courts of Appeals for
    the several circuits.
      Reference to the court is omitted from 34 U.S.C. 1147 and from
    the revised section in view of the 1948 Act.

-End-



-CITE-
    10 USC Sec. 7680                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7680. Appeals and amendments in prize causes

-STATUTE-
      (a) A United States Court of Appeals may allow an appeal in a
    prize cause if it appears that a notice of appeal was filed with
    the clerk of the district court within thirty days after the final
    decree in that cause.
      (b) A United States Court of Appeals, if in its opinion justice
    requires it, may allow amendments in form or substance of any
    appeal in a prize cause.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 483.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7680         34 U.S.C. 1146.               R.S. 1006; R.S. 4636.    
    --------------------------------------------------------------------

      34 U.S.C. 1146 and this section reflect - 
      (1) Acts of March 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133, and
    February 13, 1925, ch. 229, Sec. 1, 43 Stat. 938, which defined the
    appellate jurisdiction of the United States Circuit Courts of
    Appeals; and
      (2) Act of June 25, 1948, ch. 646, 62 Stat. 869, which repealed
    the 1911 and 1925 Acts, but enacted similar provisions and changed
    the name of the circuit courts to United States Courts of Appeals
    for the several circuits.
      The words "or of intention to appeal" are omitted as surplusage.
    Formerly "notices of appeal" were filed in some courts and "notices
    of intention to appeal" were filed in others. The difference was in
    terminology, not in substance. These notices are now known as
    "notices of appeal". The words "next" and "the rendition of" are
    omitted as surplusage.

-End-



-CITE-
    10 USC Sec. 7681                                            01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle C - Navy and Marine Corps
    PART IV - GENERAL ADMINISTRATION
    CHAPTER 655 - PRIZE

-HEAD-
    Sec. 7681. Reciprocal privileges to cobelligerent

-STATUTE-
      (a) A cobelligerent of the United States that consents to the
    exercise of jurisdiction conferred by section 7652(a) of this title
    with respect to any prize of the United States brought into the
    territorial waters of the cobelligerent or appropriated for the use
    of the United States within those territorial waters shall be
    given, upon proclamation by the President of the United States,
    like privileges with respect to any prize captured under the
    authority of that cobelligerent and brought into the territorial
    waters of the United States or appropriated for the use of the
    cobelligerent within the territorial waters of the United States.
      (b) Reciprocal recognition shall be given to the jurisdiction
    acquired by courts of a cobelligerent under this section and full
    faith and credit shall be given to all proceedings had or judgments
    rendered in the exercise of that jurisdiction.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, 70A Stat. 483.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    7681         34 U.S.C. 1165.               Aug. 18, 1942, ch. 553,  
                                                Sec. 7, 56 Stat. 747.   
    --------------------------------------------------------------------

      The words "taking or" before "appropriation" and the words "taken
    or" before "appropriated" are omitted as surplusage.

                           RECIPROCAL PRIVILEGES                       
      The Governments listed below are accorded like privileges with
    respect to prizes captured under authority of the said Governments
    and brought into the territorial waters of the United States or
    taken or appropriated in the territorial waters of the United
    States for the use of the said Governments, namely: Australia,
    Proc. No. 2617, Aug. 16, 1944, 9 F.R. 9969; Canada, Proc. No. 2594,
    Sept. 27, 1943, 8 F.R. 13217; India, Proc. No. 2601, Dec. 6, 1943,
    8 F.R. 16351; New Zealand, Proc. No. 2582, Apr. 2, 1943, 8 F.R.
    4275; United Kingdom, Proc. No. 2575, Feb. 2, 1944, 8 F.R. 1429.

-End-