Notes on 10 U.S.C. § 7663 : US Code - Notes

Search Notes on 10 U.S.C. § 7663 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 478.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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7663 34 U.S.C. 1162. Aug. 18, 1942, ch. 553,
Sec. 4, 56 Stat. 746;
July 1, 1944, ch. 370,
Sec. 2, 58 Stat. 678.
34 U.S.C. 1140. R.S. 4624; Nov. 14,
1945, ch. 472, Sec. 3,
59 Stat. 581.
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In subsection (a) the words "may appropriate" are substituted for
the words "the power to take or appropriate * * * may be
exercised", in 34 U.S.C. 1162, for clarity and uniformity of
statement. Under the Revised Statutes it was implied and understood
that the Navy could appropriate prizes on behalf of the United
States for use by the Navy. Use by other government agencies was
not contemplated. The 1942 Act enabled the Navy to turn prize
vessels over to the War Shipping Administration without bringing
them back to United States ports. Reference to that Administration
in subsection (a) is omitted since the Administration has been
abolished and these functions have not been specifically vested in
its successors. It is surplusage as well, because the authority to
appropriate is given to any officer or agency designated by the
President.
The proviso added to R.S. 4624 (34 U.S.C. 1140) by the 1945
amendment is identical with the proviso added to the 1942 Act (34
U.S.C. 1162) by the 1944 amendment. The 1945 Act completed the
process of making the procedure under the Revised Statutes the same
as that in effect for causes over which the courts were given
jurisdiction by the World War II legislation, and its single
statement in subsection (c) is therefore justified.
34 U.S.C. 1140 and the revised section reflect the Act of March
3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, which repealed laws
authorizing distribution of prize proceeds to captors, and the Act
of May 29, 1920, ch. 214, 41 Stat. 654, which requires substitution
of "Treasurer of the United States or public depositary" for
"assistant treasurer".