dreamproit/uscode huggingface dataset:
10 U.S.C. § 8805 (ARMED FORCES)
§ 8805. Acceptance of Government checks outside the United States
Notwithstanding section 3302(a) of title 31, the Secretary of the Navy may authorize the officer in charge of any commissary store or ship’s store ashore located outside the United States to—
(1) accept any Government check tendered by a retired member of the Navy or the Marine Corps, a member of the Navy Reserve or the Marine Corps Reserve, or a member of the Fleet Reserve or the Fleet Marine Corps Reserve, if the member is the payee of the check and the check is tendered in payment of amounts due from the member to the store; and
(2) refund in cash any difference between the amount due and the amount of the tendered check.
(Aug. 10, 1956, ch. 1041, 70A Stat. 471, § 7605; Pub. L. 96–513, title V, § 513(42), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–258, § 3(b)(10), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 109–163, div. A, title V, § 515(b)(1)(V), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8805, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7605
34 U.S.C. 552.
July 15, 1939, ch. 285, 53 Stat. 1043.
Since the authority of this section to refund any cash balance extends only to the payee of a check, the section is written to authorize only the payee to cash it. The Fleet Reserve and the Fleet Marine Corps Reserve were parts of the Naval Reserve and the Marine Corps Reserve, respectively, when the source statute was enacted but were removed therefrom by the Armed Forces Reserve Act of 1952. The words “or a member of the Fleet Reserve or the Fleet Marine Corps Reserve” are inserted in clause (1) to give this section the same applicability as the source.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7605 of this title as this section.
2006—Par. (1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
1982—Pub. L. 97–258 substituted “section 3302(a) of title 31” for “sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)”.
1980—Pub. L. 96–513 substituted “sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)” for “sections 521 and 543 of title 31”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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.
10 U.S.C. § 8821 (ARMED FORCES)
§ 8821. Definitions
(a) In this chapter “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.
(b) In this chapter “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
(Aug. 10, 1956, ch. 1041, 70A Stat. 472, § 7621; renumbered § 8821, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7621
46 U.S.C. 793.
July 3, 1944, ch. 399, § 3, 58 Stat. 724.
In subsection (a) the words “vessel in the naval service” are substituted for the words “vessels of the Navy or in the naval service”. The defined term is used throughout the chapter, and by definition includes vessels of the Navy. The words “when the Coast Guard is operating as a service in the Navy” are substituted for the words “the Coast Guard when operating as a part of the Navy” to conform to the terminology of 14 U.S.C. 3.
Subsection (b) is inserted for clarity, and is based on the source laws for this revised chapter.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7621 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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. § 8854 (ARMED FORCES)
§ 8854. 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, § 7654; renumbered § 8854, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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).
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7654 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8856 (ARMED FORCES)
§ 8856. 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, § 7656; renumbered § 8856, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7656 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8858 (ARMED FORCES)
§ 8858. 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, § 7658; renumbered § 8858, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7658 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8859 (ARMED FORCES)
§ 8859. Libel and proceedings by United States attorney
(a) Upon receiving the report of the prize master directed by section 8858 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, § 7659; renumbered § 8859 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7659 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8858” for “section 7658” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8860 (ARMED FORCES)
§ 8860. 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 8858 of this title;
(3) take promptly, in the manner prescribed by section 8861 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, § 7660; renumbered § 8860 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7660 of this title as this section.
Par. (2). Pub. L. 115–232, § 809(a), substituted “section 8858” for “section 7658”.
Par. (3). Pub. L. 115–232, § 809(a), substituted “section 8861” for “section 7661”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8861 (ARMED FORCES)
§ 8861. 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, § 7661; renumbered § 8861, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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).
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7661 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8862 (ARMED FORCES)
§ 8862. 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, § 7662; renumbered § 8862, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7662 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8864 (ARMED FORCES)
§ 8864. 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, § 7664; renumbered § 8864, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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”.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7664 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8865 (ARMED FORCES)
§ 8865. 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, § 7665; renumbered § 8865, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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”.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7665 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8866 (ARMED FORCES)
§ 8866. 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, § 7666; renumbered § 8866, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7666 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.