
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: 10USC7652]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                           CHAPTER 655--PRIZE
 
Sec. 7652. 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 Territories, 
    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, exclusive of the courts of 
the States, also have original jurisdiction of a prize cause in which 
the prize property--
        (1) is lost or entirely destroyed; or
        (2) cannot be brought in for adjudication because 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 jurisdiction or to the 
appropriation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7652(a)...............................  34 U.S.C. 1159 (less applicability   Au
g. 18, 1942, ch. 553, Sec.  1
                                         to capture).                         (
less applicability to capture),
                                                                              5
6 Stat. 746; July 1, 1944, ch.
                                                                              3
70, Sec.  1, 58 Stat. 678; Nov.
                                                                              1
4, 1945, ch. 472, Sec.  1, 59
                                                                              S
tat. 581.
                                        34 U.S.C. 1164 (2d sentence).        Au
g. 18, 1942, ch. 553, Sec.  6
                                                                              (
less 1st sentence), 56 Stat. 747.
7652(c)...............................  34 U.S.C. 1166.                      Au
g. 18, 1942, ch. 553, Sec.  8, 56
                                                                              S
tat. 747.
                                        34 U.S.C. 1161.                      Au
g. 18, 1942, ch. 553, Sec.  3, 56
                                                                              S
tat. 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 exclusive 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 provisions. The 
words ``during war'' in 34 U.S.C. 1159 are omitted as covered in 
Sec. 7651 of this title. In clause (1) the words ``or the Territories, 
Commonwealths, or possessions'' are added, since ``United States'' in 
this title is geographically limited to the 48 States and the District 
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 confusion 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 Sec. 7653 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 7681 of this title.
