Notes on 10 U.S.C. § 7651 : US Code - Notes

Search Notes on 10 U.S.C. § 7651 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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7651(a) 34 U.S.C. 1131 (less 1st R.S. 4613 (less 1st
proviso). proviso); June 24, 1941,
ch. 232, 55 Stat. 261.
34 U.S.C. 1159 (as Aug. 18, 1942, ch. 553,
applicable to capture). Sec. 1 (as applicable to
capture), 56 Stat. 746;
July 1, 1944, ch. 370,
Sec. 1, 58 Stat. 678;
Nov. 14, 1945, ch. 472,
Sec. 1, 59 Stat. 581.
7651(b) 34 U.S.C. 1131 (1st R.S. 4613 (1st proviso);
proviso). June 24, 1941, ch. 232,
55 Stat. 261.
34 U.S.C. 1132. R.S. 4614; June 24,
1941, ch. 232, 55 Stat.
261.
7651(c) 50 U.S.C. 214. R.S. 5310.
7651(d) 34 U.S.C. 1158 (last R.S. 4652 (last
sentence). sentence).
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In subsection (a) the words "including aircraft" are omitted as
covered by subsection (b). The section is written to make the words
"during war" applicable to the entire chapter. These words appear
in 34 U.S.C. 1159, but not in 34 U.S.C. 1131. Prize is historically
and uniformly treated as a war-time matter, so no substantive
change results from the extension. The words "this chapter does not
affect" are substituted for the words "nothing herein contained
shall be construed as affecting, or in any way impairing". The
words "Air Force" are added under authority of Sec. 305(a) of the
National Security Act of 1947, as amended (5 U.S.C. 171l), to
provide the same applicability as formerly provided by the word
"Army". The word "legal" is omitted as surplusage.
In subsection (b) the definition of the term "ship" is omitted as
covered by the term "vessel". All of 34 U.S.C. 1132 except that
part which includes "aircraft" within the term "vessels" is omitted
as unnecessary since the defined term "vessels of the Navy" does
not appear in the provisions to which the definition is made
applicable. The last sentence of 34 U.S.C. 1158 applies only to
Title LIV (Prize) of the Revised Statutes. In subsection (d) it is
broadened to cover the entire body of statutory prize law.
Additions to the prize law made by the Act of August 18, 1942, ch.
553, 56 Stat. 746, as amended, operated only to extend the
jurisdiction of courts of the United States to certain cases in
which the prizes are not brought into the territorial waters of the
United States. Relations of this country with other countries are
not affected by the 1942 Act except when jurisdiction is exercised
by American courts over prizes brought into cobelligerent ports. As
that Act provides that the consent of the cobelligerent is
necessary to the exercise of such jurisdiction, the rule against
contravention of treaties is properly applied to it.