
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: 10USC7722]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                CHAPTER 657--STAY OF JUDICIAL PROCEEDINGS
 
Sec. 7722. Stay of suit

    (a) Whenever in time of war the Secretary of the Navy certifies to a 
court, or to a judge of a court, in which a suit described in section 
7721 of this title is pending, that the prosecution of the suit would 
tend to endanger the security of naval operations in the war, or would 
tend to interfere with those operations, all further proceedings in the 
suit shall be stayed.
    (b) A stay under this section does not suspend the issue of process 
to take or preserve evidence to be used in the trial or prevent the 
completion of action under similar process issued before the stay.

(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7722(a)...............................  46 U.S.C. 791 (1st sentence, less    Ju
ly 3, 1944, ch. 399, Sec.  1 (1st
                                         applicability to duration of         s
entence, less applicability to
                                         stay).                               d
uration of stay), 58 Stat. 723.
7722(b)...............................  46 U.S.C. 791 (less 1st and 2d       Ju
ly 3, 1944, ch. 399, Sec.  1
                                         sentences and less proviso).         (
less 1st and 2d sentences and
                                                                              l
ess proviso), 58 Stat. 723.
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---------------------------------

    In subsection (a) the word ``forthwith'' is omitted as surplusage.
    In subsection (b) the words ``of proceedings in pending suits as 
provided'' are omitted as surplusage. The words ``does not suspend'' are 
substituted for the words ``shall not operate to suspend''. The words 
``of the issues'' and ``the authority of'' are omitted as surplusage. 
The words ``issued before the stay'' are substituted for the words 
``already issued at the time of such stay of suit''.

                  Section Referred to in Other Sections

    This section is referred to in section 7723 of this title.
