§8866 — Title 10 Armed Forces | U.S. Code

Summary

When a court orders prize property sold, the marshal must make a full list of the items and give a copy to the court, advertise the sale as the court directs (posters and newspapers), tell the naval prize commissioner at least five days before, and keep the items open for inspection for at least three days before sale. The Secretary of the Navy must hire an experienced auctioneer to run the sale. The auctioneer or an agent must collect and deposit the total sale proceeds and is responsible to the marshal for running the sale and handling the money.

Title 10, §8866

Armed Forces — Source: USLM XML via OLRC

(a)If a sale of prize property is ordered by the court, the marshal shall—

(1)prepare and circulate full catalogues and schedules of the property to be sold and return a copy of each to the court;

(2)advertise the sale fully and conspicuously by posters and in newspapers ordered by the court;

(3)give notice to the naval prize commissioner at least five days before the sale; and

(4)keep the goods open for inspection for at least three days before the sale.

(b)An auctioneer of known skill in the business to which the sale pertains shall be employed by the Secretary of the Navy to make the sale. The auctioneer, or his agent, shall collect and deposit the gross proceeds of the sale. The auctioneer and his agent are responsible to the marshal for the conduct of the sale and the collection and deposit of the gross proceeds.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 766634 U.S.C. 1144.R.S. 4628. The statement in subsection (b) of the responsibility of the auctioneer and agent to the marshal in the collection and deposit of proceeds is inserted to clarify the marshal’s functions. It is derived from 34 U.S.C. 1139, and appears in § 7662 of this title.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7666 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

§8866 Mode of making sale

Summary

Title 10, §8866

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata