Notes on 10 U.S.C. § 7652 : US Code - Notes

Search Notes on 10 U.S.C. § 7652 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 474; Pub. L. 109-163, div. A,
title X, Sec. 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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7652(a) 34 U.S.C. 1159 (less Aug. 18, 1942, ch. 553,
applicability to capture). Sec. 1 (less
applicability 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.
34 U.S.C. 1164 (2d Aug. 18, 1942, ch. 553,
sentence). Sec. 6 (less 1st
sentence), 56 Stat. 747.
7652(c) 34 U.S.C. 1166. Aug. 18, 1942, ch. 553,
Sec. 8, 56 Stat. 747.
34 U.S.C. 1161. Aug. 18, 1942, ch. 553,
Sec. 3, 56 Stat. 746.
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Subsection (a) reflects 28 U.S.C. 1333 by restating the basic
prize jurisdiction of that section over prizes brought into the
United States, and by providing that the extension of prize
jurisdiction conferred by 34 U.S.C. 1159 on the United States
district courts is exclusive of the courts of the States. 34 U.S.C.
1166 and the second sentence of 34 U.S.C. 1164 are executed in the
single jurisdictional statement of this section and the
consolidation of the Act of August 18, 1942, ch. 553, 56 Stat. 746
(34 U.S.C. 1159-1166) with the earlier prize provisions. The words
"during war" in 34 U.S.C. 1159 are omitted as covered in Sec. 7651
of this title. In clause (1) the words "or the Territories,
Commonwealths, or possessions" are added, since "United States" in
this title is geographically limited to the 48 States and the
District of Columbia, whereas the term here is intended to include
all places within the jurisdiction of the district courts.
In clause (4) the words "taken or" preceding the words
"appropriated for the use of the United States" are omitted as
surplusage and in order to avoid confusion between the two meanings
of the word "taken" in prize law. In both the Revised Statutes and
the 1942 Act the phrase "taken or appropriated" means no more than
"appropriated" alone, whereas "taken", in the phrase "taken as
prize" means "captured".
Subsection (b) is included to make the statement of jurisdiction
complete. It is derived by implication from the first sentence of
R.S. 4625 (34 U.S.C. 1141) which is the source of subsection (c) of
Sec. 7653 of this title.
AMENDMENTS
2006 - Subsec. (a)(1). Pub. L. 109-163 substituted "Commonwealths
or possessions" for "Territories, Commonwealths, or possessions".