§ 8859. Libel and proceedings by United States attorney

253 words·~1 min read·/usc/title-10/section-8859

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.)

As does 34 U.S.C. 1135, the revised section reflects the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors.

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