Title 10, Armed ForcesRelease 119-102
§8859 Libel and Proceedings by United States Attorney
Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 883 — PRIZE › § 8859
Summary
When the prize master files a report, the U.S. attorney must quickly file legal claim on the captured property, get a court warrant for the marshal to seize it, seek condemnation, and ensure commissioners gather evidence and take sworn depositions.
Full Legal Text
Title 10, §8859
Armed Forces, Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 765934 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 As does 34 U.S.C. 1135, the revised section reflects the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors.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 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8859
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102