10 U.S.C. § 8852 — Jurisdiction

Page 3398 TITLE 10—ARMED FORCES § 8852 (b) As used in this chapter— (1) ‘‘vessel’’ includes aircraft; and (2) ‘‘master’’ includes the pilot or other per- son in command of an aircraft. (c) Property seized or taken upon the inland waters of the United States by its naval forces is not maritime prize. All such property shall be delivered promptly to the proper officers of the courts. (d) Nothing in this chapter may be construed as contravening any treaty of the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7651; re- numbered § 8851, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837; Pub. L. 116–283, div. A, title IX, § 924(d)(5), Jan. 1, 2021, 134 Stat. 3826.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7651(a) ..... 34 U.S.C. 1131 (less 1st proviso). R.S. 4613 (less 1st pro- viso); June 24, 1941, ch. 232, 55 Stat. 261. 34 U.S.C. 1159 (as applica- ble to capture). Aug. 18, 1942, ch. 553, § 1 (as applicable to cap- ture), 56 Stat. 746; July 1, 1944, ch. 370, § 1, 58 Stat. 678; Nov. 14, 1945, ch. 472, § 1, 59 Stat. 581. 7651(b) ..... 34 U.S.C. 1131 (1st pro- viso). R.S. 4613 (1st 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 sen- tence). R.S. 4652 (last sentence). 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 uni- formly 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 affect- ing, or in any way impairing’’. The words ‘‘Air Force’’ are added under authority of § 305(a) of the National Se- curity 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 surplus- age. 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 con- travention of treaties is properly applied to it. Editorial Notes PRIOR PROVISIONS A prior section 8851, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1537; amended Pub. L. 86–559, § 1(73), June 30, 1960, 74 Stat. 280; Pub. L. 90–83, § 3(6), Sept. 11, 1967, 81 Stat. 220; Pub. L. 90–486, § 9(2), Aug. 13, 1968, 82 Stat. 760; Pub. L. 96–513, title V, § 514(7), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 98–525, title XIV, § 1405(55), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 99–145, title V, § 522(b)(2), title XIII, § 1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 632, 740; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to trans- fer or discharge of reserve lieutenant colonels, colonels, and brigadier generals with 30 years of service or five years in grade, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effec- tive Oct. 1, 1996. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘, the Air Force, or the Space Force’’ for ‘‘or the Air Force’’. 2018—Pub. L. 115–232 renumbered section 7651 of this title as this section. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8852. Jurisdiction (a) The United States district courts have original jurisdiction, exclusive of the courts of the States, of each prize and each proceeding for the condemnation of property taken as prize, if the prize is— (1) brought into the United States, or the Commonwealths or possessions; (2) brought into the territorial waters of a cobelligerent; (3) brought into a locality in the temporary or permanent possession of, or occupied by, the armed forces of the United States; or (4) appropriated for the use of the United States. (b) The United States district courts, exclu- sive of the courts of the States, also have origi- nal jurisdiction of a prize cause in which the prize property— (1) is lost or entirely destroyed; or (2) cannot be brought in for adjudication be- cause of its condition. (c) The jurisdiction conferred by this section of prizes brought into the territorial waters of a cobelligerent may not be exercised, nor may prizes be appropriated for the use of the United States within those territorial waters, unless the government having jurisdiction over those waters consents to the exercise of the jurisdic- tion or to the appropriation. (Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7652; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; renumbered § 8852, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7652(a) ..... 34 U.S.C. 1159 (less appli- cability to capture). Aug. 18, 1942, ch. 553, § 1 (less applicability to capture), 56 Stat. 746; July 1, 1944, ch. 370, § 1, 58 Stat. 678; Nov. 14, 1945, ch. 472, § 1, 59 Stat. 581. 34 U.S.C. 1164 (2d sen- tence). Aug. 18, 1942, ch. 553, § 6 (less 1st sentence), 56 Stat. 747. Page 3399 TITLE 10—ARMED FORCES § 8853 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) 7652(c) ..... 34 U.S.C. 1166. Aug. 18, 1942, ch. 553, § 8, 56 Stat. 747. 34 U.S.C. 1161. Aug. 18, 1942, ch. 553, § 3, 56 Stat. 746. 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 ex- clusive 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 pro- visions. The words ‘‘during war’’ in 34 U.S.C. 1159 are omitted as covered in § 7651 of this title. In clause (1) the words ‘‘or the Territories, Commonwealths, or pos- sessions’’ are added, since ‘‘United States’’ in this title is geographically limited to the 48 States and the Dis- trict 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 confu- sion 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 § 7653 of this title. Editorial Notes PRIOR PROVISIONS A prior section 8852, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1537; amended Pub. L. 86–559, § 1(74), June 30, 1960, 74 Stat. 280; Pub. L. 99–145, title XIII, § 1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 740; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve major generals and brigadier generals with 35 years of service or five years in grade, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7652 of this title as this section. 2006—Subsec. (a)(1). Pub. L. 109–163 substituted ‘‘Com- monwealths or possessions’’ for ‘‘Territories, Common- wealths, or possessions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8853. Court in which proceedings brought (a) If a prize is brought into a port of the United States, or the Commonwealths or posses- sions, proceedings for the adjudication of the prize cause shall be brought in the district in which the port is located. (b) If a prize is brought into the territorial wa- ters of a cobelligerent, or is brought into a lo- cality in the temporary or permanent possession of, or occupied by, the armed forces of the United States, or is appropriated for the use of the United States, before proceedings are start- ed, the venue of the proceedings for adjudication of the cause shall be in the judicial district se- lected by the Attorney General, or his designee, for the convenience of the United States. (c) If the prize property is lost or entirely de- stroyed or if, because of its condition, no part of it has been or can be sent in for adjudication, proceedings for adjudication of the cause may be brought in any district designated by the Sec- retary of the Navy. In such cases the proceeds of anything sold shall be deposited with the Treas- urer of the United States or public depositary in or nearest the district designated by the Sec- retary, subject to the orders of the court for that district. (Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7653; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; renumbered § 8853, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7653(b) ..... 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 sen- tence). Subsection (a) is inserted in order to present a com- plete 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 con- ferred 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 At- torney 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 ap- propriated for the use of the United States’’ are omit- ted. 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 in- compatible with the provision in R.S. 4625 which au- thorizes 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 re- pealed all laws authorizing the distribution of prize money to captors. Editorial Notes PRIOR PROVISIONS A prior section 8853, added Pub. L. 85–861, § 1(192), Sept. 2, 1958, 72 Stat. 1538; amended Pub. L. 86–559, § 1(75), June 30, 1960, 74 Stat. 280; Pub. L. 98–94, title X,