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10 U.S.C. § 7676 (ARMED FORCES)
§ 7676. Compensation of prize commissioners and special prize commissioners
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7676(a)
34 U.S.C. 1137 (as applicable to compensation of naval prize commissioner).
R.S. 4621 (as applicable to compensation of naval prize commissioner); Nov. 14, 1945, ch. 472, § 2, 59 Stat. 581.
34 U.S.C. 1163 (as applicable to compensation of naval special prize commissioner).
Aug. 18, 1942, ch. 553, § 5 (as applicable to compensation of naval special prize 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, § 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, § 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.
10 U.S.C. § 7677 (ARMED FORCES)
§ 7677. Accounts of clerks of district courts
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 6, 29 Stat. 179, which provided for fixed annual salaries for United States attorneys and marshals;
(2) Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors;
(3) Act of February 26, 1919, ch. 49, § 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.
10 U.S.C. § 7678 (ARMED FORCES)
§ 7678. Interfering with delivery, custody, or sale of prize property
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7678
34 U.S.C. 1167.
Mar. 4, 1909, ch. 321, § 38, 35 Stat. 1096.
The words “captor or” between “any” and “claimant” are omitted because the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, repealed all laws authorizing the distribution of prize proceeds to captors. These words were apparently carried over inadvertently to § 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.
10 U.S.C. § 7679 (ARMED FORCES)
§ 7679. Powers of district court over prize property notwithstanding appeal
Notwithstanding an appeal, the district court may make and execute all necessary orders for the custody and disposal of prize property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors;
(2) Acts of March 3, 1911, ch. 231, § 128, 36 Stat. 1133, and February 13, 1925, ch. 229, § 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.
10 U.S.C. § 7680 (ARMED FORCES)
§ 7680. Appeals and amendments in prize causes
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 128, 36 Stat. 1133, and February 13, 1925, ch. 229, § 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.
10 U.S.C. § 7681 (ARMED FORCES)
§ 7681. Reciprocal privileges to cobelligerent
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7681
34 U.S.C. 1165.
Aug. 18, 1942, ch. 553, § 7, 56 Stat. 747.
The words “taking or” before “appropriation” and the words “taken or” before “appropriated” are omitted as surplusage.
heading: Reciprocal Privileges
text: 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.
10 U.S.C. § 7721 (ARMED FORCES)
§ 7721. Scope of chapter
(a) This chapter applies to any suit against the United States under chapter 311 of title 46 for—
(1) damage caused by a vessel in the naval service; or
(2) compensation for towage or salvage services, including contract salvage, rendered to a vessel in the naval service.
(b) In this chapter, the term “vessel in the naval service” means—
(1) any vessel of the Navy, manned by the Navy, or chartered on bareboat charter to the Navy; or
(2) when the Coast Guard is operating as a service in the Navy, any vessel of the Coast Guard, manned by the Coast Guard, or chartered on bareboat charter to the Coast Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483; Pub. L. 96–513, title V, § 513(43), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 100–26, § 7(k)(10), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103–35, title II, § 201(c)(11), May 31, 1993, 107 Stat. 98; Pub. L. 109–304, § 17(a)(6), Oct. 6, 2006, 120 Stat. 1706.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7721(a)
46 U.S.C. 791 (2d sentence).
July 3, 1944, ch. 399, § 1 (2d sentence), 58 Stat. 723.
7721(b)
46 U.S.C. 793.
July 3, 1944, ch. 399, § 3, 58 Stat. 724.
In subsection (a) the words “wherein a claim is made” are omitted as surplusage. The words “vessel in the naval service” are substituted for the words “vessel in the Navy, or in the naval service” for brevity. No change in meaning results, since the term used in subsection (a) is defined in subsection (b).
In subsection (b) the words “service in” are substituted for the words “part of” to conform to the terminology used in 14 U.S.C. 3.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–304 substituted “chapter 311 of title 46” for “the Act of March 3, 1925 (commonly referred to as the ‘Public Vessels Act’) (46 U.S.C. App. 781–790)”.
1993—Subsec. (a). Pub. L. 103–35 substituted “(46 U.S.C. App. 781–790)” for “(46 U.S.C. 781–790)”.
1987—Subsec. (b). Pub. L. 100–26 inserted “, the term” after “In this chapter”.
1980—Subsec. (a). Pub. L. 96–513 substituted “the Act of March 3, 1925 (commonly referred to as the ‘Public Vessels Act’) (46 U.S.C. 781–790)” for “sections 781–790 of title 46”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
10 U.S.C. § 7722 (ARMED FORCES)
§ 7722. Stay of suit
(a) Whenever in time of war the Secretary of the Navy certifies to a court, or to a judge of a court, in which a suit described in section 7721 of this title is pending, that the prosecution of the suit would tend to endanger the security of naval operations in the war, or would tend to interfere with those operations, all further proceedings in the suit shall be stayed.
(b) A stay under this section does not suspend the issue of process to take or preserve evidence to be used in the trial or prevent the completion of action under similar process issued before the stay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7722(a)
46 U.S.C. 791 (1st sentence, less applicability to duration of stay).
July 3, 1944, ch. 399, § 1 (1st sentence, less applicability to duration of stay), 58 Stat. 723.
7722(b)
46 U.S.C. 791 (less 1st and 2d sentences and less proviso).
July 3, 1944, ch. 399, § 1 (less 1st and 2d sentences and less proviso), 58 Stat. 723.
In subsection (a) the word “forthwith” is omitted as surplusage.
In subsection (b) the words “of proceedings in pending suits as provided” are omitted as surplusage. The words “does not suspend” are substituted for the words “shall not operate to suspend”. The words “of the issues” and “the authority of” are omitted as surplusage. The words “issued before the stay” are substituted for the words “already issued at the time of such stay of suit”.
10 U.S.C. § 7723 (ARMED FORCES)
§ 7723. Stay of proceedings for preserving evidence after stay of suit
If, at the time of certification under section 7722 of this title, or at any time before the termination of the stay based on the certificate, the Secretary of the Navy files with the court an additional certificate to the effect that the issue of any process to preserve evidence or the completion of action on process previously issued would tend to endanger the security of the United States or of any of its naval or military operations in the war, or would tend to interfere with those operations, then all proceedings for the taking or preserving of evidence to be used by either party in the trial shall be stayed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7723
46 U.S.C. 791 (proviso, less applicability to duration of stay).
July 3, 1944, ch. 399, § 1 (proviso, less applicability to duration of stay), 58 Stat. 723.
The word “stayed” is substituted for the word “suspended” for uniformity and clarity.
10 U.S.C. § 7724 (ARMED FORCES)
§ 7724. Stay of proceedings for taking evidence before suit is filed
(a) If in time of war, with respect to any claim against the United States on which a suit described in section 7721 of this title would lie, the Secretary of the Navy certifies to the court, or to a judge of the court, in which proceedings are pending for—
(1) the granting of a dedimus potestatem to take depositions;
(2) a direction to take depositions in perpetuam rei memoriam; or
(3) the taking of depositions or production of evidence pursuant to such dedimus potestatem or direction, or pursuant to any other proceedings for the purpose;
that the proceedings would tend to endanger the security of the United States or any of its naval or military operations in the war, or would tend to interfere with those operations, then the proceedings may not be started or, if they have been started, they shall, when the certificate is filed, be stayed.
(b) The time during which a claimant may file suit of the type described in section 7721 of this title is computed by excluding the time during which a stay under this section or any extension of such a stay is in effect.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7724
46 U.S.C. 792 (less applicability to duration of stay).
July 3, 1944, ch. 399, § 2 (less applicability to duration of stay), 58 Stat. 724.
46 U.S.C. 796.
July 3, 1944, ch. 399, § 6, 58 Stat. 726.
In subsection (b) the words “upon a claim against the United States” and “as to any proceedings by or on behalf of such claimant for the taking of a deposition or the production of evidence in connection with or in relation to such claim” are omitted as surplusage.
10 U.S.C. § 7725 (ARMED FORCES)
§ 7725. Stay extended or shortened
The Secretary of the Navy, when a stay under this chapter is in effect, may file with the court, or a judge of the court, a certificate extending or shortening the time stated in the prior certificate. The filing of such a new certificate extends or shortens the stay to the period specified in the new certificate or terminates the stay if the new certificate so states.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7725
46 U.S.C. 794 (1st, and 9th (less proviso), sentences).
July 3, 1944, ch. 399, § 4 (1st, and 9th (less proviso), sentences), 58 Stat. 724.
The words “or suspension”, “either of prosecution of the suit or of the taking of testimony”, “during which the prosecution of such suit or taking of such deposition or production of evidence would tend to endanger the security of the United States or of such operations in time of war, or to interfere therewith”, “as the case may be”, and “in relation to which it is made shall continue in effect” are omitted as surplusage.
10 U.S.C. § 7726 (ARMED FORCES)
§ 7726. Reconsideration of stay
(a) A claimant or party who considers himself adversely affected by a stay under this chapter may serve a written notice on the Secretary of the Navy at Washington, D.C., requesting him to reconsider the stay previously issued and to issue a new certificate. The notice shall identify the stay by means of an attached copy of the certificate of the Secretary or a sufficient description of the stay. The notice may not contain any recital of the facts or circumstances involved.
(b) Within ten days after receiving notice under this section, the Secretary or his designee shall hold a secret meeting at which the claimant or party, or his representative, may present any facts and arguments he thinks material.
(c) Within ten days after a hearing under this section, the Secretary shall file with the court that ordered the stay a new certificate stating whether the stay is then to be terminated or for what period the stay is to continue in effect. If the Secretary fails to file a new certificate, the court, upon application by the claimant or party, shall issue an order directing the Secretary to file a new certificate within a specified time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7726(a)
46 U.S.C. 794 (2d, 3d, and 4th sentences).
July 3, 1944, ch. 399, § 4 (2d, 3d, and 4th sentences), 58 Stat. 724.
7726(b)
46 U.S.C. 794 (5th sentence).
July 3, 1944, ch. 399, § 4 (5th sentence), 58 Stat. 724.
7726(c)
46 U.S.C. 794 (6th and 7th sentences).
July 3, 1944, ch. 399, § 4 (6th and 7th sentences), 58 Stat. 724.
In subsection (a) the words “then in effect”, “upon which the stay is based”, and “for its identification” are omitted as surplusage.
In subsection (b) the words “with respect to whether or not a stay should be issued or maintained” are omitted as surplusage. The words “his designee” are substituted for the words “some official designated by him” for brevity.
In subsection (c) the words “that ordered the stay” are substituted for the words “in which said stay is pending or the court in which the proceeding stayed was instituted” for brevity and clarity.
10 U.S.C. § 7727 (ARMED FORCES)
§ 7727. Duration of stay
A stay of proceedings under this chapter remains in effect for the period specified in the certificate upon which it was based unless the Secretary of the Navy issues a new certificate under section 7725 or 7726 of this title changing the termination date. However, a stay under this chapter may not remain in force longer than six months after the cessation of hostilities.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7727
46 U.S.C. 791 (1st sentence as applicable to duration of stay, and proviso as applicable to duration of stay).
July 3, 1944, ch. 399, § 1 (1st sentence as applicable to duration of stay, and proviso as applicable to duration of stay), 58 Stat. 723.
46 U.S.C. 792 (as applicable to duration of stay).
July 3, 1944, ch. 399, § 2 (as applicable to duration of stay), 58 Stat. 724.
646 U.S.C. 794 (8th sentence and proviso of 9th sentence).
July 3, 1944, ch. 399, § 4 (8th sentence and proviso of 9th sentence), 58 Stat. 724.
10 U.S.C. § 7728 (ARMED FORCES)
§ 7728. Restricted certificate
The Secretary of the Navy may restrict a certificate issued under this chapter so that it stays only the taking of testimony of certain witnesses or the production of evidence on certain subjects. The proceedings not stayed may continue.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7728
46 U.S.C. 794 (10th sentence).
July 3, 1944, ch. 399, § 4 (10th sentence), 58 Stat. 724.
The words “The Secretary of the Navy may restrict a certificate” are substituted for the words “Any certificate * * * by the Secretary of the Navy * * * may, in his discretion, be restricted.” The words “the production of” are inserted for clarity. The words “in which event” are omitted as surplusage.
10 U.S.C. § 7729 (ARMED FORCES)
§ 7729. Investigation before issue of certificate
The Secretary of the Navy may not issue a certificate under this chapter until he satisfies himself by investigation that it is necessary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7729
46 U.S.C. 794 (less 1st 10 sentences).
July 3, 1944, ch. 399, § 4 (less 1st 10 sentences), 58 Stat. 724.