![handle is hein.cbhear/gtccv0001 and id is 1 raw text is:
[No. 238]
HEARING ON S. 1173, TO PROVIDE FOR STAYING JUDICIAL PRO-
CEEDINGS AGAINST THE UNITED STATES IN TIME OF WAR, ON
CLAIMS FOR DAMAGES CAUSED BY VESSELS OF THE NAVY, OR
FOR TOWAGE OR SALVAGE SERVICES TO SUCH VESSELS, WHEN
THE SECRETARY OF THE NAVY CERTIFIES THAT THE PROSECU-
TION OF SUCH PROCEEDINGS WOULD ENDANGER THE SECURITY
OF NAVAL OPERATIONS OR INTERFERE THEREWITH, AND TO
AUTHORIZE THE SETTLEMENT AND PAYMENT OF SUCH CLAIMS,
AND FOR OTHER PURPOSES
HOUSE OF REPRESENTATIVES,
COMMITTEE ON NAVAL AFFAIRS,
Washington, D. C., Thursday, June 15, 1944.
The committee met at 10 a. In., Hon. Carl Vinson (chairman)
presiding.
The CHAIRMAN. We now have for consideration S. 1173.
Let the bill appear in the record, with the letter from the Navy
Department.
(S. 1173 and the.letter are as follows:)
[S. 1173, 78th Cong., 2d sess.]
AN ACT To provide for staying judicial proceedings against the United States in time of war, on claims
for damages caused by vessels of the Navy, or for towage or salvage services to such vessels, when the
Secretary of the Navy certifies that the prosecution of such proceedings would endanger the security of
naval operations or interfere therewith, and to authorize the settlement and payment of such claims, and
for other purposes
Be it enacted by the Senate and House of Representatives of the bnited States of
America in Congress assembled, That whenever in time of war the Secretary of the
Navy shall certify to a court in which is pending a suit of the nature hereinafter
defined, or to a judge of such court, that the prosecution of such suit would tend
to endanger the security of naval operations in such war, or to interfere with such
operations, all further proceedings in such suit shall forthwith be stayed until six
months after the cessation of hostilities in such war, or until such earlier date as
may be stated in such certificate. The suits to which this Act applies are hereby
defined as follows: All suits under the Act approved March 3, 1925, entitled An
Act authorizing suits against the United States in admiralty for damage caused by
and salvage services rendered to public vessels belonging to the United States, and
for other purposes (43 Stat. 1112; 46 U. S. C. 781 ff.), wherein a claim is made for
damages caused by a vessel of the Navy, or in the naval service, or for compensa-
tion for towage or salvage services, including contract salvage, rendered to any
such vessel. The stay of proceedings in pending suits as provided in this section
shall not operate to suspend the issuance of process to take or preserve evidence
to be used in the trial of the issues of the suit, or to prevent the completion of
action under the authority of similar process already issued at the time of such
stay of suit: Provided, That if at the time of certification by the Secretary of the
Navy for stay of proceedings, as provided in this section, or at any time there-
after prior to the termination of stay, the Secretary of the Navy shall file with
the court an additional certificate that the issuance of stch process to preserve
evidence or the completion of action on process already issued would tend to
endanger the security of the United States or any of the naval or military opera-
tions in such war, or to interfere with such operatious, then all such proceedings
for the taking or preserving of evidence to be used by either party in the trial of
94266- -44--No. 238- 1 (2157)
Digitized from Best Copy Available](ViewImageLocal?handle=hein.cbhear/gtccv0001&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most