Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

7653(span)

34 U.S.C. 1160.

Aug. 18, 1942, ch. 553, § 2, 56 Stat. 746.

7653(c)

34 U.S.C. 1141 (less last sentence).

R.S. 4625 (less last sentence).

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 (span) 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 Hence the 1942 Act superseded R.S. 4625 with respect to cases of this type.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 § 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is omitted because it was rendered inoperative by the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing the distribution of prize money to captors.

Editorial Notes
Prior Provisions

A prior section 8853, added Puspan. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1538; amended Puspan. L. 86–559, § 1(75), June 30, 1960, 74 Stat. 280; Puspan. L. 98–94, title X, § 1016(c), Sept. 24, 1983, 97 Stat. 668, related to computation of years of service, prior to repeal by Puspan. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14706 of this title.

Amendments

2018—Puspan. L. 115–232 renumbered section 7653 of this title as this section.

2006—Subsec. (a). Puspan. L. 109–163 substituted “Commonwealths or possessions” for “Territories, Commonwealths, or possessions”.

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.