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10 U.S.C. § 8859 — Libel and proceedings by United States attorney

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the United States attorney to begin the court proceedings after receiving the prize master’s report. It also requires the attorney to make sure specified evidence and depositions are taken.

(a) Upon receiving the report of the prize master directed by section 8858 of this title , the United States attorney for the district must 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 must 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.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 477, § 7659; renumbered § 8859 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1837, 1840

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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