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10 USC CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED

PERSONS; CAPTURED FLAGS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

FLAGS

.

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CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

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Sec.

(4711. Repealed.)

4712. Disposition of effects of deceased persons by summary

court-martial.

(4713. Repealed.)

4714. Collection of captured flags, standards, and colors.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(c)(3), (5),

Oct. 5, 1999, 113 Stat. 694, 695, substituted ''DISPOSITION'' for

''INQUESTS; DISPOSITION'' in chapter heading and struck out item

4711 ''Inquests''.

1990 - Pub. L. 101-510, div. A, title XV, Sec. 1533(a)(7)(B),

Nov. 5, 1990, 104 Stat. 1734, struck out item 4713 ''Disposition of

effects of deceased persons by Soldiers' and Airmen's Home''.

1980 - Pub. L. 96-513, title V, Sec. 512(21)(C), Dec. 12, 1980,

94 Stat. 2930, inserted ''and Airmen's'' after ''Soldiers' '' in

item 4713.

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10 USC Sec. 4711 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

FLAGS

-HEAD-

(Sec. 4711. Repealed. Pub. L. 106-65, div. A, title VII, Sec.

721(b), Oct. 5, 1999, 113 Stat. 694)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 263, related to

inquests.

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10 USC Sec. 4712 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

FLAGS

-HEAD-

Sec. 4712. Disposition of effects of deceased persons by summary

court-martial

-STATUTE-

(a) Upon the death of -

(1) a person subject to military law at a place or command

under the jurisdiction of the Army; or

(2) a resident of the Armed Forces Retirement Home who dies in

an Army hospital outside the District of Columbia when sent from

the Home to that hospital for treatment;

the commanding officer of the place or command shall permit the

legal representative or the surviving spouse of the deceased, if

present, to take possession of the effects of the deceased that are

then in camp or quarters.

(b) If there is no legal representative or surviving spouse

present, the commanding officer shall direct a summary

court-martial to collect the effects of the deceased that are then

in camp or quarters.

(c) The summary court-martial may collect debts due the

decedent's estate by local debtors, pay undisputed local creditors

of the deceased to the extent permitted by money of the deceased in

the court's possession, and shall take receipts for those payments,

to be filed with the court's final report to the Department of the

Army.

(d) As soon as practicable after the collection of the effects

and money of the deceased, the summary court-martial shall send

them at the expense of the United States to the living person

highest on the following list who can be found by the court:

(1) The surviving spouse or legal representative.

(2) A child of the deceased.

(3) A parent of the deceased.

(4) A brother or sister of the deceased.

(5) The next-of-kin of the deceased.

(6) A beneficiary named in the will of the deceased.

(e) If the summary court-martial cannot dispose of the effects

under subsection (d) because there are no persons in those

categories or because the court finds that the addresses of the

persons are not known or readily ascertainable, the court may

convert the effects of the deceased, except sabres, insignia,

decorations, medals, watches, trinkets, manuscripts, and other

articles valuable chiefly as keepsakes, into cash, by public or

private sale, but not until 30 days after the date of death of the

deceased.

(f) As soon as practicable after the effects have been converted

into cash under subsection (e), the summary court-martial shall

deposit all cash in the court's possession and belonging to the

estate with the officer designated in regulations, and shall send a

receipt therefor, together with any will or other papers of value,

an inventory of the effects, and articles not permitted to be sold,

to the executive part of the Department of the Army. The Secretary

of the Army shall deliver to the Armed Forces Retirement Home all

items received by the executive part of the Department of the Army

under this subsection.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 264; Pub. L. 89-718, Sec. 30,

Nov. 2, 1966, 80 Stat. 1119; Pub. L. 96-513, title V, Sec. 512(20),

Dec. 12, 1980, 94 Stat. 2930; Pub. L. 99-145, title XIII, Sec.

1301(b)(4)(A), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101-510, div.

A, title XV, Sec. 1533(a)(6), Nov. 5, 1990, 104 Stat. 1734; Pub. L.

104-316, title II, Sec. 202(g), Oct. 19, 1996, 110 Stat. 3842.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4712(a) 4712(b) 5:150j (words before June 4, 1920, ch.

1st semicolon of 227, subch. II,

1st par.; and last Sec. 1 (Art. 112),

par.). 5:150j (22 41 Stat. 809; May

words after 1st 5, 1950, ch. 169,

semicolon of 1st Sec. 6(c), 64

par.). Stat. 145.

4712(c) 5:150j (words

between 1st and 2d

semicolons of 1st

par., less 1st 22

words).

4712(d) 5:150j (words

between 2d and 3d

semicolons of 1st

par.).

4712(e) 5:150j (words

between 3d and 4th

semicolons of 1st

par.).

4712(f) 5:150j (1st par.,

less words before

4th semicolon, and

less last 40

words).

4712(g) 5:150j (last 40

words of 1st par.).

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In subsection (a), the words ''the court-martial jurisdiction of

the Army or the Air Force at a place or command under the

jurisdiction of the Army'' are substituted for the words ''military

law'', to reflect the creation of a separate Air Force. Clause (2)

is substituted for 5:150j (last par.).

In subsections (a), (b), and (d), the words ''surviving spouse''

are substituted for the word ''widow''.

In subsection (c), the word ''may'' is substituted for the words

''shall have authority to''. The words ''to the extent permitted''

are substituted for the words ''in so far as * * * will permit''.

The words ''under this article'' and ''upon its transactions'' are

omitted as surplusage.

In subsection (d), the words ''through the Quartermaster Corps''

are omitted, since the functions are no longer lodged in the

Quartermaster Corps. The words ''if such be found by said court''

are omitted as surplusage. The words ''United States'' are

substituted for the word ''Government''. 5:150j (19 words before 3d

semicolon of 1st par.) is omitted as covered by subsection (g).

In subsection (e), the first 37 words are substituted for 5:150j

(33 words after 3d semicolon of 1st par.). The word ''may'' is

substituted for the words ''shall have the authority''.

In subsection (f), the words ''Soldiers' Home'' are inserted,

since, as provided in section 4713 of this title, the Home is now

the place where the mentioned articles are sent.

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-316 struck out subsec. (g) which

read as follows: ''The summary court-martial shall make a full

report of the transactions under this section, with respect to the

deceased, to the Department of the Army for transmission to the

General Accounting Office for action authorized in the settlement

of accounts of deceased members of the Army.''

1990 - Subsec. (a)(2). Pub. L. 101-510, Sec. 1533(a)(6)(A),

substituted ''a resident of the Armed Forces Retirement Home'' for

''an inmate of the United States Soldiers' and Airmen's Home''.

Subsec. (f). Pub. L. 101-510, Sec. 1533(a)(6)(B), struck out

''for transmission to the United States Soldiers' and Airmen's

Home'' after ''Department of the Army'' and inserted at end ''The

Secretary of the Army shall deliver to the Armed Forces Retirement

Home all items received by the executive part of the Department of

the Army under this subsection.''

1985 - Subsec. (d). Pub. L. 99-145 substituted new pars. (1) to

(6) for former pars. (1) to (9) which read as follows:

''(1) Surviving spouse or legal representative.

''(2) Son.

''(3) Daughter.

''(4) Father, if he has not abandoned the support of his family.

''(5) Mother.

''(6) Brother.

''(7) Sister.

''(8) Next of kin.

''(9) Beneficiary named in the will of the deceased.''

1980 - Subsecs. (a)(2), (f). Pub. L. 96-513 substituted ''United

States Soldiers' and Airmen's Home'' for ''Soldiers' Home''.

1966 - Subsec. (a). Pub. L. 89-718 substituted ''military law''

for ''the court-martial jurisdiction of the Army or the Air

Force''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 effective one year after Nov. 5,

1990, see section 1541 of Pub. L. 101-510, formerly set out as an

Effective Date note under section 401 of Title 24, Hospitals and

Asylums.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2575 of this title; title

5 section 5564; title 24 section 420; title 37 section 554.

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10 USC Sec. 4713 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

FLAGS

-HEAD-

(Sec. 4713. Repealed. Pub. L. 101-510, div. A, title XV, Sec.

1533(a)(7)(A), Nov. 5, 1990, 104 Stat. 1734)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 265; Dec. 12,

1980, Pub. L. 96-513, title V, Sec. 512(21)(A), (B), 94 Stat. 2930;

Nov. 8, 1985, Pub. L. 99-145, title XIII, Sec. 1301(b)(4)(B), 99

Stat. 736; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(1), 103 Stat. 1602, related to disposition of effects of

deceased persons by Soldiers' and Airmen's Home.

EFFECTIVE DATE OF REPEAL

Repeal effective one year after Nov. 5, 1990, see section 1541 of

Pub. L. 101-510, formerly set out as an Effective Date note under

section 401 of Title 24, Hospitals and Asylums.

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10 USC Sec. 4714 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 445 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED

FLAGS

-HEAD-

Sec. 4714. Collection of captured flags, standards, and colors

-STATUTE-

The Secretary of the Army shall have sent to him all flags,

standards, and colors taken by the Army from enemies of the United

States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 266.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4714 5:198. R.S. 218.

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The words ''from time to time'', ''collected'', and ''at the seat

of government'' are omitted as surplusage.

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