Title 10, Armed ForcesRelease 119-102

§8864 Delivery of Property on Stipulation

Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 883 — PRIZE › § 8864

Last updated Aug 21, 2026|Official source

Summary

A claimant can get prize property back by posting a stipulation, deposit, or other security if four things happen: the claimant proves the item has special value beyond market price; the court finds no harm to the United States or other claimants; the U.S. attorney and the naval prize or naval special prize commissioner may be heard about appraiser appointments; and a satisfactory appraisal is made. Any money deposited instead of a stipulation that is not for costs must be given to the Treasurer of the United States or a public depositary and handled like sale proceeds.

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March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed laws authorizing distribution of prize proceeds to captors, and the Act of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

Aug 21, 2026

Release point: 119-102