§8855 Appointment of prize commissioners and special prize commissioners

Revised sectionSource (U.S. Code)Source (Statutes at Large) 7655(a)34 U.S.C. 1137 (less applicability to compensation of the naval prize commissioner).R.S. 4621 (less applicability to compensation of the naval prize commissioner); Nov. 14, 1945, ch. 472, § 2, 59 Stat. 581. 7655(b)34 U.S.C. 1163 (less applicability to compensation of the naval special prize commissioner).Aug. 18, 1942, ch. 553, § 5 (less applicability to compensation of the naval special prize commissioner), 56 Stat. 746. 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.

A prior section 8855, added Pub. L. 86–559, § 1(76), June 30, 1960, 74 Stat. 280; amended Pub. L. 96–107, title IV, § 403(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96–513, title II, § 215(b), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 100–180, div. A, title VII, § 717(c), (d)(2)(A), Dec. 4, 1987, 101 Stat. 1114; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, § 1233(l)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189, div. A, title VII, § 710(c), Nov. 29, 1989, 103 Stat. 1477, related to retention in active status of certain reserve officers, 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. See section 14703(a)(3), (b) of this title.

2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7655 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8853(a) or (c)” for “section 7653(a) or (c)”. Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 8853(b)” for “section 7653(b)”.

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

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.