10 U.S.C. · Armed Forces
10 U.S.C. § 8859

Libel and proceedings by United States attorney

Ch. 883 — PRIZE
Title 10 U.S.C. ● ACTIVE Primary Source Ch. 883
Statutory Text

10 U.S.C. § 8859 — Libel and proceedings by United States attorney

U.S.C. Title 10 - ARMED FORCES 10 U.S.C. United States Code, 2023 Edition Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART IV - GENERAL ADMINISTRATION CHAPTER 883 - PRIZE Sec. 8859 - Libel and proceedings by United States attorney From the U.S. Government Publishing Office, www.gpo.gov

§8859. Libel and proceedings by United States attorney

(a) Upon receiving the report of the prize master directed by section 8858 of this title, the United States attorney for the district shall promptly— (1) file a libel against the prize property; (2) obtain a warrant from the court directing the marshal to take custody of the prize property; and (3) proceed to obtain a condemnation of the property.

(b) In connection with the condemnation proceedings the United States attorney shall insure that the prize commissioners— (1) take proper preparatory evidence; and (2) take depositions de bene esse of the prize crew and of other transient persons who know any facts bearing on condemnation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 477, §7659; renumbered §8859 and amended Pub. L. 115–232, div. A, title VIII, §§807(d)(9), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large)

7659 34 U.S.C. 1135. R.S. 4618.

As does 34 U.S.C. 1135, the revised section reflects the Act of March 3, 1899, ch. 413, §13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors.

Editorial Notes

Amendments 2018—Pub. L. 115–232, §807(d)(9), renumbered section 7659 of this title as this section. Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8858" for "section 7658" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 10 U.S.C. § 8859 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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