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Title 10 — Armed Forces

Part IV · Chapter 883 — Prize

§ 8853. Court in which proceedings brought

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653 · 70A Stat. 474

    Enacted · 10 U.S.C. § 8853

    Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653

  2. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title X § 1057(a)(5) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 8853(a)

    Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.

    Enacted provision · exact public law section
    (5) The following sections are amended by striking “Territories, Commonwealths, or possessions” each place it appears and inserting “Commonwealths or possessions”: sections 847, 2734, 4778, 5986, 7652, 7653, and 12406.

  3. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(d)(9) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8853

    Pub. L. 115–232 renumbered section 7653 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 7653 of this title as this section.

    Enacted provision · exact public law section
    (9) Chapters 649, 651, 653, and 655.— Each section in chapters 649, 651, 653, and 655 is 10 USC 8771–8773, 8776, 8777, 8779–8782, 8801–8806, 8821–8823, 8851–8881. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200.

    Effective date note
    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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
7653(b)34 U.S.C. 1160.Aug. 18, 1942, ch. 553, § 2, 56 Stat. 746.
7653(c)34 U.S.C. 1141 (less last sentence).R.S. 4625 (less last 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 § 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, § 13, 30 Stat. 1007, which repealed all laws authorizing the distribution of prize money to captors.

Editorial Notes

Prior Provisions

A prior section 8853, added Pub. L. 85–861, § 1(192), , 72 Stat. 1538; amended Pub. L. 86–559, § 1(75), , 74 Stat. 280; Pub. L. 98–94, title X, § 1016(c), , 97 Stat. 668, related to computation of years of service, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), , 108 Stat. 2963, effective . See section 14706 of this title.

Amendments2006–2018 · 2 rounds

2018

Pub. L. 115–232 renumbered section 7653 of this title as this section.

2006

Subsec. (a). Pub. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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.

Credits

1956–2018 · 3 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653
  2. 2006Pub. L. 109–163, div. A, title X, § 1057(a)(5), , 119 Stat. 3440
  3. 2018renumbered § 8853, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), , 132 Stat. 1837.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653; Pub. L. 109–163, div. A, title X, § 1057(a)(5), , 119 Stat. 3440; renumbered § 8853, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), , 132 Stat. 1837.)

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