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10 U.S.C. § 7625 (ARMED FORCES)
[§ 7625. Repealed. Pub. L. 87–769, § 1(2)(A), Oct. 9, 1962, 76 Stat. 768]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to settlement of claims for damage to or loss of privately owned property. See section 2736 of this title.
10 U.S.C. § 7654 (ARMED FORCES)
§ 7654. Effect of failure to start proceedings
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.
(Aug. 10, 1956. ch. 1041, 70A Stat. 475.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7654
34 U.S.C. 1141 (last sentence).
R.S. 4625 (last sentence).
10 U.S.C. § 7656 (ARMED FORCES)
§ 7656. Duties of United States attorney
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 475.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7656
34 U.S.C. 1136.
R.S. 4619.
The Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing the distribution of prize money to captors, rendered inoperative parts of R.S. 4619 relative to protection of captors’ interest.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.
10 U.S.C. § 7657 (ARMED FORCES)
§ 7657. Duties of commanding officer of capturing vessel
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 476.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 13, 30 Stat. 1007, and the Act of May 29, 1920, ch. 214, § 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”.
10 U.S.C. § 7658 (ARMED FORCES)
§ 7658. Duties of prize master
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 476.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7658
34 U.S.C. 1134.
R.S. 4617.
The word “diligently” is omitted as surplusage.
10 U.S.C. § 7659 (ARMED FORCES)
§ 7659. Libel and proceedings by United States attorney
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors.
10 U.S.C. § 7660 (ARMED FORCES)
§ 7660. Duties of prize commissioners
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7660
34 U.S.C. 1138 (less applicability to procedure for interrogating witnesses).
R.S. 4622 (less applicability to procedure for 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 § 7662 of this title.
10 U.S.C. § 7661 (ARMED FORCES)
§ 7661. Interrogation of witnesses by prize commissioners
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7661
34 U.S.C. 1138 (as applicable to procedure for interrogating witnesses).
R.S. 4622 (as applicable to procedure for interrogating witnesses).
10 U.S.C. § 7662 (ARMED FORCES)
§ 7662. Duties of marshal
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 478.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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.
10 U.S.C. § 7664 (ARMED FORCES)
§ 7664. Delivery of property on stipulation
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 13, 30 Stat. 1007, which repealed laws authorizing distribution of prize proceeds to captors, and the Act of May 29, 1920, ch. 214, § 1, 41 Stat. 654, which requires substitution of “Treasurer of the United States or public depositary” for “assistant treasurer”.
10 U.S.C. § 7665 (ARMED FORCES)
§ 7665. Sale of prize
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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”.
10 U.S.C. § 7666 (ARMED FORCES)
§ 7666. Mode of making sale
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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 § 7662 of this title.
10 U.S.C. § 7667 (ARMED FORCES)
§ 7667. Transfer of prize property to another district for sale
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 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 § 7666 of this title, the marshal does not sell the property himself but supervises the auctioneer who conducts the sale.
10 U.S.C. § 7668 (ARMED FORCES)
§ 7668. Disposition of prize money
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 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.
10 U.S.C. § 7669 (ARMED FORCES)
§ 7669. Security for costs
The court may require any party to give security for costs at any stage of the cause and upon filing an appeal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7669
34 U.S.C. 1148.
R.S. 4638.
The word “filing” is substituted for the word “claiming”.
10 U.S.C. § 7670 (ARMED FORCES)
§ 7670. Costs and expenses a charge on prize property
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7670(a)
34 U.S.C. 1149.
R.S. 4639.
7670(b)
34 U.S.C. 1150 (2d sentence).
R.S. 4640 (2d sentence).
10 U.S.C. § 7671 (ARMED FORCES)
§ 7671. Payment of costs and expenses from prize fund
(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, of 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7671
34 U.S.C. 1150 (less 2d sentence).
R.S. 4640 (less 2d sentence).
In subsection (b) the words “or orders” after “order” are omitted as surplusage. The words “a charge upon and” are omitted as surplusage.
10 U.S.C. § 7673 (ARMED FORCES)
§ 7673. Allowance of expenses to marshals
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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, § 6, 29 Stat. 179, which provided that marshals should receive annual salaries in lieu of the fees and emoluments previously allowed them.
10 U.S.C. § 7674 (ARMED FORCES)
§ 7674. Payment of witness fees
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7674
34 U.S.C. 1157.
R.S. 4651.
10 U.S.C. § 7675 (ARMED FORCES)
§ 7675. Commissions of auctioneers
(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) ½ of 1 percent on any amount exceeding $10,000 on the sale of a vessel; and
(2) 1 percent on 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7675
34 U.S.C. 1156.
R.S. 4650.
The word “amount” is substituted for the word “sum”.