Page:United States Statutes at Large Volume 58 Part 1.djvu/744

 PUBLIC LAWS-CH. 399--JULY 3,1944 Damage claims, towage and salvage services. Taking of evidence in pending iits. Suspension for se curity pmrpses. Orders for taking ol depositions or produc- tion of evidence. Denial or stay. "Vessels of the Navy or in the nava service." Modification oftti previoulycertined 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 compensation 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 comple- tion 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 thereafter prior to the termina- tion of stay, the Secretary of the Navy shall file with the court an additional certificate that the issuance of such 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 operations in such war, or to interfere with such operations, then all such proceedings for the taking or preserving of evidence to be used by either party in the trial of the issues in such suit shall be suspended until six months after the cessation of hostilities in such war, or until such earlier date as shall have been fixed in the certificate for stay of proceedings in such suit. SEC. 2. Whenever in time of war the Secretary of the Navy shall certify to the court, or a judge of the court in which proceedings for the purpose are pending, that the granting of a dedimus potestatem to take depositions, or a direction to take depositions in perpetuam rei memoriam, or the taking of depositions or production of evidence pursuant to such dedimus potestatem or direction, or pursuant to any other proceeding for the purpose, in connection with or in relation to any claim against the United States on which such suit would lie would tend to endanger the security of the United States or any of the Naval or military operations in such war, or to interfere with such operations, then such dedimus potestatem shall not be granted, such direction shall not be made, and such deposition shall not be taken or evidence produced, until six months after the cessation of hostilities in such war, or such earlier date as may be stated in such certificate, and if prior to filing such certificate such proceedings shall have been commenced, the same shall upon filing such certificate forth- with be stayed until six months after cessation of such hostilities or such earlier date as may be stated in such certificate. SEC. 3. The phrase 'vessels of the Navy or in the naval service" shall include, for the purposes of this Act, in addition to all vessels of the Navy, and of the Coast Guard when operating as a part of the Navy, all vessels manned by the Navy, including the Coast Guard when operating as a part of the Navy, and all vessels chartered on bare- boat charter to the Navy, or to the Coast Guard when the Coast Guard is operating as a part of the Navy. SEc. 4 . At any time while a stay or suspension either of prosecu- tion of suit or of the taking of testimony is in efect under this Act [58 STAT.

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