§ 8862. Duties of marshal

370 words·~2 min read·/usc/title-10/section-8862

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

The marshal shall—

(1)keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prize commissioners or the court;

(2)keep safely in his custody all prize property under warrant from the court;

(3)report to the court any cargo or other property that he thinks should be unloaded and stored or sold;

(4)insure the prize property, if in his judgment it is in the interest of all concerned;

(5)have charge of the sale of the property, if a sale is ordered, and be responsible for the conduct of the sale in the manner required by the court, for the collection of the gross proceeds, and for their immediate deposit with the Treasurer of the United States or public depositary nearest the place of sale, subject to the order of the court in the cause; and

(6)submit to the Secretary of the Navy, at such times as the Secretary designates, a full statement of the condition of the prize and of the disposal made thereof.

(Aug. 10, 1956, ch. 1041, 70A Stat. 478, § 7662; renumbered § 8862, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

In clause

(2)the words “in his custody” are inserted to make clear the fact that the marshal has custody of the prize property.

In clause

(5)the words “and be responsible for” are inserted for clarity, since 34 U.S.C. 1144 provides that the sale and deposit of the proceeds shall be made by the auctioneer and his agent rather than by the marshal, although the marshal supervises them. The words “Treasurer of the United States or public depositary” are substituted for “assistant treasurer” to reflect the Act of May 29, 1920, ch. 214, 41 Stat. 654.

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