Page:United States Statutes at Large Volume 70A.djvu/543

This page needs to be proofread.


485 § 7726. Reconsideration of stay (a) A claimant or party who considers himself adversely affected by a stay under this chapter may serve a written notice on the Secretary of the Navy at Washington, D. C, requesting him to reconsider the stay previously issued and to issue a new certificate. The notice shall identify the stay by means of an attached copy of the certificate of the Secretary or a sufficient description of the stay. The notice may not contain any recital of the facts or circumstances involved. (b) Within ten days after receiving notice under this section, the Secretary or his designee shall hold a secret meeting at which the claimant or party, or his representative, may present any facts and arguments he thinks material. (c) Within ten days after a hearing under this section, the Secretary shall file with the court that ordered the stay a new certificate stating whether the stay is then to be terminated or for what period the stay is to continue in effect. If the Secretary fails to file a new certificate, the court, upon application by the claimant or party, shall issue an order directing the Secretary to file a new certificate within a specified time. § 7727. Duration of stay A stay of proceedings under this chapter remains in effect for the period specified in the certificate upon which it was based unless the Secretary of the Navy issues a new certificate under section 7725 or 7726 of this title changing the termination date. However, a stay urifler this chapter may not remain in force longer than six months after the cessation of hostilities. § 7728. Restricted certificate The Secretary of the Navy may restrict a certificate issued under this chapter so that it stays only the taking of testimony of certain witnesses or the production of evidence on certain subjects. The proceedings not stayed may continue. § 7729. Investigation before issue of certificate The Secretary of the Navy may not issue a certificate under this chapter until he satisfies himself by investigation that it is necessary. § 7730. Evidence admissible when witness is not available Whenever the court is satisfied by appropriate evidence or by agreement of counsel that the United States or the claimant is unable after reasonable efforts to secure the testimony of a witness and— (1) the United States or the claimant has been prevented by a stay under this chapter from examining the witness; or (2) the United States establishes that it has refrained from bringing a suit or from taking the testimony of the witness in a pending suit to avoid endangering the security of naval operations or interfering with such operations; the court shall receive in evidence in place of the testimony of the witness— (1) the affidavit of the witness duly sworn to before a notary public or other authorized officer; or