Notes on 10 U.S.C. § 7653 : US Code - Notes

Search Notes on 10 U.S.C. § 7653 : 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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7653(b) 34 U.S.C. 1160. Aug. 18, 1942, ch. 553,
Sec. 2, 56 Stat. 746.
7653(c) 34 U.S.C. 1141 (less last R.S. 4625 (less last
sentence). sentence).
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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superseded R.S. 4625 with respect to cases of this type.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 Sec. 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, Sec. 13, 30 Stat.
1007, which repealed all laws authorizing the distribution of prize
money to captors.
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-163 substituted "Commonwealths or
possessions" for "Territories, Commonwealths, or possessions".