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10 U.S.C. § 8852Jurisdiction

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section covers jurisdiction. It sets the duties, powers, limits, exceptions, and procedures stated in the section.

(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 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 must not be exercised, nor can 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.
the actual law source: uscode.house.gov ↗public domain
(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 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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 474, § 7652; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; renumbered § 8852, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3440
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1837

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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