
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7651]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                           CHAPTER 655--PRIZE
 
Sec. 7651. Scope of chapter

    (a) This chapter applies to all captures of vessels as prize during 
war by authority of the United States or adopted and ratified by the 
President. However, this chapter does not affect the right of the Army 
or the Air Force, while engaged in hostilities, to capture wherever 
found and without prize procedure--
        (1) enemy property; or
        (2) neutral property used or transported in violation of the 
    obligations of neutrals under international law.

    (b) As used in this chapter--
        (1) ``vessel'' includes aircraft; and
        (2) ``master'' includes the pilot or other person 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.)

                                          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 proviso); June
                                                                              2
4, 1941, ch. 232, 55 Stat. 261.
                                        34 U.S.C. 1159 (as applicable to     Au
g. 18, 1942, ch. 553, Sec.  1 (as
                                         capture).                            a
pplicable to capture), 56 Stat.
                                                                              7
46; July 1, 1944, ch. 370, Sec.
                                                                              1
, 58 Stat. 678; Nov. 14, 1945,
                                                                              c
h. 472, Sec.  1, 59 Stat. 581.
7651(b)...............................  34 U.S.C. 1131 (1st proviso).        R.
S. 4613 (1st proviso); June 24,
                                                                              1
941, ch. 232, 55 Stat. 261.
                                        34 U.S.C. 1132.                      R.
S. 4614; June 24, 1941, ch. 232,
                                                                              5
5 Stat. 261.
7651(c)...............................  50 U.S.C. 214.                       R.
S. 5310.
7651(d)...............................  34 U.S.C. 1158 (last sentence).      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 
uniformly 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 affecting, or in any way impairing''. The words ``Air Force'' are 
added under authority of Sec. 305(a) of the National Security 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 
surplusage.
    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 contravention of 
treaties is properly applied to it.
