Title 10 — Armed ForcesRelease 119-73not60
§8864 Delivery of Property on Stipulation
Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part IV— GENERAL ADMINISTRATION › Chapter 883— PRIZE › § 8864
Summary
Courts can return prize property to a claimant if the claimant shows the item has special value beyond its market price, returning it won't harm United States or other claimants, the U.S. attorney and a naval prize official may be heard about appraisers, and the item is appraised. Money paid instead (not for costs) must go to the U.S. Treasurer or a public depository.
Full Legal Text
Title 10, §8864
Armed Forces — Source: USLM XML via OLRC
(a)Prize property may be delivered to a claimant on stipulation, deposit, or other security, if—
(1)the claimant satisfies the court that the property has a peculiar and intrinsic value to him, independent of its market value;
(2)the court is satisfied that the rights and interests of the United States or of other claimants will not be prejudiced;
(3)an opportunity is given to the United States attorney and the naval prize commissioner or the naval special prize commissioner to be heard as to the appointment of appraisers; and
(4)a satisfactory appraisal is made.
(b)Money collected on a stipulation, or deposited instead of it, that does not represent costs shall be deposited with the Treasurer of the United States or a public depositary in the same manner as proceeds of a sale.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 766434 U.S.C. 1142.R.S. 4626. 34 U.S.C. 1142 and this section reflect the Act of
March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed laws authorizing distribution of prize proceeds to captors, and the Act of
May 29, 1920, ch. 214, § 1, 41 Stat. 654, which requires substitution of “Treasurer of the United States or public depositary” for “assistant treasurer”.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 7664 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8864
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60