Page:United States Statutes at Large Volume 58 Part 2.djvu/290

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1210 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [58 STAT. Mayt24 and Agreement between the United States of America and Canada respecting E. A.S.394] jurisdiction over prizes. Effected by exchange of notes signed at Washington May 24 and August 13, 1943. The Secretary of State to the CanadianMinister 67 Stat. 729 . 56 Stat. 746 . 50 U. S. C., Supp. III, app. I§ 821-828 . Ante, p. 678. DEPArBTENT OF STATE WASHINGTON May £4, 1943 Sm: Reference is made to the Legation's memorandum of April 15, 1943[ 1] stating that the Canadian Government would be glad to make an arrangement with the Government of the United States con- cerning the exercise by either country in the territorial waters of the other of jurisdiction in cases of prize. Reference was made to the arrangement with the United Kingdom referred to in the President's Proclamation No. 2575 of January 30,1943. Public Law 704 - 77th Congress, an Act to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes, was approved on August 18, 1942.[2] A copy of the Act is enclosed. It will be perceived from section 3 of the Act that jurisdiction of prizes brought into the territorial waters of a cobelligerent shall not be exercised under the authority of the Act, nor shall prizes be taken or appropriated within such territorial waters for the use of the United States, unless the Government having jurisdiction over such territorial waters consents thereto. It is therefore suggested that your Government notify me of its consent to the exercise of such authority within its territorial waters as well as of its acquiescence in the exer- cise in Canada by special prize commissioners of the duties pre- scribed for them in cases arising under the Act referred to. In this connection your attention is called to section 5 of the Act. It will be noted therefrom that the district courts of the United States may confer on such special commissioners such powers and duties, in addition to those already prescribed for prize commissioners, as may be deemed necessary or proper for carrying out the purposes of the Act. The duties of prize commissioners are set out in Title 34, U.S.C ., Section 1138, which reads as follows: "§1138. Duties of prize commissioners. The prize commis- sioners, or one of them, shall receive from the prize master the [Not printed.] [See also proclamation of September 27,1943 (57 Stat. 751).]