Title 10 — Armed Forces
Part IV · Chapter 883 — Prize
§ 8855. Appointment of prize commissioners and special prize commissioners
Statutory text
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 8853(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.
A district court may appoint special prize commissioners to perform abroad, in connection with any prize cause in which proceedings are brought under section 8853(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.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7655 · 70A Stat. 475
Enacted · 10 U.S.C. § 8855
Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7655
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7655John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 807(d)(9) · 132 Stat. 1636
Changed · 10 U.S.C. § 8855
Pub. L. 115–232, § 807(d)(9), renumbered section 7655 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(d)(9), renumbered section 7655 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.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8855(a)
Pub. L. 115–232, § 809(a), substituted “section 8853(a) or (c)” for “section 7653(a) or (c)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8853(a) or (c)” for “section 7653(a) or (c)”.Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.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.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8855(b)
Pub. L. 115–232, § 809(a), substituted “section 8853(b)” for “section 7653(b)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 8853(b)” for “section 7653(b)”.Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.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.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 7655(a) | 34 U.S.C. 1137 (less applicability to compensation of the naval prize commissioner). | R.S. 4621 (less applicability to compensation of the naval prize commissioner); Nov. 14, 1945, ch. 472, § 2, 59 Stat. 581. |
| 7655(b) | 34 U.S.C. 1163 (less applicability to compensation of the naval special prize commissioner). | Aug. 18, 1942, ch. 553, § 5 (less applicability to compensation of the 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.
Editorial Notes
Prior Provisions
A prior section 8855, added Pub. L. 86–559, § 1(76), , 74 Stat. 280; amended Pub. L. 96–107, title IV, § 403(b), , 93 Stat. 808; Pub. L. 96–513, title II, § 215(b), , 94 Stat. 2885; Pub. L. 100–180, div. A, title VII, § 717(c), (d)(2)(A), , 101 Stat. 1114; , Pub. L. 100–456, div. A, title XII, § 1233(l)(2), , 102 Stat. 2058; Pub. L. 101–189, div. A, title VII, § 710(c), , 103 Stat. 1477, related to retention in active status of certain reserve officers, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), , 108 Stat. 2963, effective . See section 14703(a)(3), (b) of this title.
Amendments
2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7655 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8853(a) or (c)” for “section 7653(a) or (c)”.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 8853(b)” for “section 7653(b)”.
Statutory Notes and Related Subsidiaries
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 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7655
- 2018renumbered § 8855 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), , 132 Stat. 1837, 1840.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7655; renumbered § 8855 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), , 132 Stat. 1837, 1840.)