[USC05] 10 USC 8859: Libel and proceedings by United States attorney
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

10 USC 8859: Libel and proceedings by United States attorney Text contains those laws in effect on June 12, 2021
From Title 10-ARMED FORCESSubtitle C-Navy and Marine CorpsPART IV-GENERAL ADMINISTRATIONCHAPTER 883-PRIZE

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As does 34 U.S.C. 1135, the revised section reflects the Act of March 3, 1899, ch. 413, §13, 30 Stat. 1007 , which repealed all laws authorizing distribution of prize proceeds to captors.

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.

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.