
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7655]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                           CHAPTER 655--PRIZE
 
Sec. 7655. Appointment of prize commissioners and special prize 
        commissioners
        
    (a) In each judicial district there may be not more than three prize 
commissioners, one of whom is the naval prize commissioner. They shall 
be appointed by the district court for service in connection with any 
prize cause in which proceedings are brought under section 7653(a) or 
(c) of this title. The naval prize commissioner must be an officer of 
the Navy whose appointment is approved by the Secretary of the Navy. The 
naval prize commissioner shall protect the interests of the Department 
of the Navy in the prize property. At least one of the other 
commissioners must be a member of the bar of the court, of not less than 
three years' standing, who is experienced in taking depositions.
    (b) A district court may appoint special prize commissioners to 
perform abroad, in connection with any prize cause in which proceedings 
are brought under section 7653(b) of this title, the duties prescribed 
for prize commissioners, and, in connection with those causes, to 
exercise anywhere such additional powers and perform such additional 
duties as the court considers proper, including the duties prescribed by 
this chapter for United States marshals. The court may determine the 
number and qualifications of the special prize commissioners it 
appoints, except that for each cause there shall be at least one naval 
special prize commissioner. The naval special prize commissioner must be 
an officer of the Navy whose appointment is approved by the Secretary. 
The naval special prize commissioner shall protect the interests of the 
Department of the Navy in the prize property.

(Aug. 10, 1956, ch. 1041, 70A Stat. 475.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7655(a)...............................  34 U.S.C. 1137 (less applicability   R.
S. 4621 (less applicability to
                                         to compensation of the naval prize   c
ompensation of the naval prize
                                         commissioner).                       c
ommissioner); Nov. 14, 1945, ch.
                                                                              4
72, Sec.  2, 59 Stat. 581.
7655(b)...............................  34 U.S.C. 1163 (less applicability   Au
g. 18, 1942, ch. 553, Sec.  5
                                         to compensation of the naval         (
less applicability to
                                         special prize commissioner).         c
ompensation of the naval special
                                                                              p
rize commissioner), 56 Stat. 746.
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---------------------------------

    The first sentence of subsection (a) is reworded to make it clear 
that the limitation as to number applies to the number of prize 
commissioners who may serve in each judicial district at any one time 
and that the court is not precluded from making additional appointments 
to fill vacancies. The words ``for service in connection with any prize 
cause in which proceedings are brought under section 7653(a) or (c) of 
this title'' are added to distinguish the prize commissioners from the 
special prize commissioners mentioned in subsection (b). The words 
``officer of the Navy'' in subsections (a) and (b) are substituted for 
the words ``naval officer, active or retired'' because an officer of the 
Navy does not lose his status as such upon retirement, and to retain 
these words would open to question the many other provisions in this 
subtitle treating retired officers as officers.
    In subsection (b) the words ``in connection with any prize cause in 
which proceedings are brought under section 7653(b) of this title'' are 
substituted for the words ``in cases arising under this Act'' for 
accuracy of reference. The words ``including the duties prescribed by 
this chapter for United States marshals'' are added for clarity. Section 
7662 of this title prescribes the duties of marshals. Most of these 
duties could not be performed by the marshals if the prize was not 
brought into a United States port. In such cases occurring during World 
War II the courts, under the authority of the 1942 Act, required the 
special prize commissioners to perform the duties ordinarily performed 
by the marshals. The words ``without regard for the requirements of 
section 7367 of this title'' are omitted as unnecessary, since that 
section is codified in subsection (a), and language distinguishing the 
prize commissioners from the special prize commissions is included in 
each subsection.
