Page:United States Statutes at Large Volume 58 Part 1.djvu/745

 58 STAT.] 78TH CONG., 2D SESS.- CH. 399-JULY 3, 1944 the Secretary of the Navy may file with such court or judge his certifi- cate extending or shortening the time stated in his prior certificate, during which the prosecution of such suit or the taking of such depo- sition or production of evidence would tend to endanger the security of the United States or of such operations in time of war, or to inter- fere therewith. Any claimant or party deeming himself adversely affected by a stay under the provisions of this Act may serve on the Secretary of the Navy at Washington, District of Columbia, a written notice, requesting the Secretary of the Navy to reconsider the stay previously issued and to issue a 'further certificate. Such written notice shall identify the stay then in effect by attaching a copy of the certificate of the Secretary of the Navy upon which the stay is based or by a description sufficient for its identification. The said notice shall not contain any recital of the facts or circumstances involved. Within ten days after receipt of such notice, the Secretary of the Navy or some official designated by him, shall hold in secret a hearing at which the claimant or his representative may present such facts and arguments as he may think material with respect to the question as to whether or not a stay should be issued or maintained. Within ten days after such hearing, the Secretary of the Navy shall file with the court in which said stay is pending, or the court in which the proceeding stayed was instituted, his further certificate stating whether the stay shall then be terminated, or for what time the stay is to continue in effect. If the Secretary of the Navy shall fail to file such further certificate, the court, upon application by such claimant or party, shall issue its order directing the Secretary of the Navy to file a certificate within the time to be specified in such order. Any certificate issued by the Secretary of the Navy shall remain in effect for the time stated therein or until it is terminated or altered by a further certificate. The filing of any further certificate under this section shall extend or shorten the time, as the case may be, during which the stay in relation to which it is made shall continue in effect, to the time stated in such further certificate, or shall terminate such stay if it be so stated in such further certificate: Provided, That in no case shall any stay under this Act remain in force longer than six months after the cessation of hostilities in such war. Any certificate issued by the Secretary of the Navy pursuant to this Act may, in his discretion, be restricted, so that it stays only the taking of testimony of certain witnesses or evidence on certain sub- jects, n which event such proceedings as are not so stayed may continue. Before making any certificate provided for in this Act, the Secretary of the Navy shall make or cause to be made such investigation of the case to which the certificate relates as to satisfy himself that the issuance of the certificate for the purposes authorized by this Act is necessary. SEF. 5 . In any case in which either the United States or a claimant against the United States in one of the cases specified in section 1 of this Act has been prevented by any stay or suspension provided for in this Act from examining any witness, and in any case where the United States shall establish to the satisfaction of the court that it has refrained from instituting suit or from taking the testimony of any witness in any pending suit in order to avoid endangering the security of naval operations or interfering with such operations and where, in either of such cases, it shall appear to the satisfaction of the court, on appro- priate evidence or by agreement by counsel, that the United States or the claimant, as the case may be, is unable after reasonable efforts to secure the testimony of any such witness, the court shall receive in evidence, in lieu of such testimony, (a) the affidavit of such witness 725 Request for recon- sideration of stay. Secret hearing to be held. Further certificate to be fled with court. Time limit on day of proceedings. Restriction on scope of certificate. Investigation. Admissibility of af- fidavits or testimony before naval investiga tions, et.

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