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10 U.S.C. § 8866 (ARMED FORCES)
§ 8866. Mode of making sale
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479, § 7666; renumbered § 8866, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7666
34 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.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7666 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8867 (ARMED FORCES)
§ 8867. Transfer of prize property to another district for sale
(a) In the case of any prize property ordered to be sold, if the court believes that it will be in the interest of all parties to have the property sold in a judicial district other than the one in which the proceedings are pending, the court may direct the marshal to transfer the property to the district selected by the court for the sale, and to insure it. In such a case the court shall give the marshal proper orders as to the time and manner of conducting the sale.
(b) When so ordered the marshal shall transfer the property and keep it safely. He is responsible for its sale in the same manner as if the property were in his own district and for the deposit of the gross proceeds with the Treas­urer of the United States or public depositary nearest to the place of sale, subject to the order of the court for the district where the adjudication is pending.
(c) The necessary expenses of insuring, transferring, receiving, keeping, and selling the property are a charge upon it and upon the proceeds. Whenever any such expense is paid in advance by the marshal, any amount not repaid to him from the proceeds shall be allowed to him as in the case of expenses incurred in suits in which the United States is a party.
(d) If the Secretary of the Navy believes that it will be in the interest of all parties to have the property sold in a judicial district other than the one in which the proceedings are pending, he may, either by a general regulation or by a special direction in the cause, require the marshal to transfer the property from the district in which the judicial proceedings are pending to any other district for sale. In such a case proceedings shall be had as if the transfer had been made by order of the court.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479, § 7667; renumbered § 8867, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7667
34 U.S.C. 1145.
R.S. 4629.
34 U.S.C. 1145 and this section reflect 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”.
In subsection (b) the words “He is responsible for its sale” are substituted for the words “It shall be the duty of the marshal to * * * sell the same”, because, as shown in § 7666 of this title, the marshal does not sell the property himself but supervises the auctioneer who conducts the sale.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7667 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8868 (ARMED FORCES)
§ 8868. Disposition of prize money
The net proceeds of all property condemned as prize shall be decreed to the United States and shall be ordered by the court to be paid into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480, § 7668; renumbered § 8868, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7668
34 U.S.C. 1151.
R.S. 4630; R.S. 4641.
R.S. 4630 provided that in some circumstances the captors were to receive the net proceeds of prize property and in other circumstances they were to receive half and the United States was to receive the other half. The Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, repealed “all provisions of law authorizing the distribution among captors of the whole or any portion of the proceeds of vessels, or any property hereafter captured, condemned as prize”. Thus the only part of R.S. 4630 that remains in effect, as is indicated in 34 U.S.C. 1151, is that part which provides that proceeds shall be decreed to the United States. The section is so worded. R.S. 4641 stated how proceeds decreed to captors should be divided among them. These provisions were eliminated by the Act of March 3, 1899, supra. All that remains of R.S. 4641, as is indicated in 34 U.S.C. 1151, is the provision that proceeds decreed to the United States shall be paid into the Treasury, and the section is worded accordingly.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7668 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8869 (ARMED FORCES)
§ 8869. Security for costs
The court may require any party to give security for costs at any stage of the cause and upon filing an appeal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480, § 7669; renumbered § 8869, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7669
34 U.S.C. 1148.
R.S. 4638.
The word “filing” is substituted for the word “claiming”.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7669 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8870 (ARMED FORCES)
§ 8870. Costs and expenses a charge on prize property
(a) Costs and expenses allowed by the court incident to the bringing in, custody, preservation, insurance, and sale or other disposal of prize property are a charge upon the property and shall be paid from the proceeds thereof, unless the court decrees restitution free from such a charge.
(b) Charges for work and labor, materials furnished, or money paid must be supported by affidavit or vouchers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480, § 7670; renumbered § 8870, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7670(a)
34 U.S.C. 1149.
R.S. 4639.
7670(b)
34 U.S.C. 1150 (2d sentence).
R.S. 4640 (2d sentence).
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7670 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8871 (ARMED FORCES)
§ 8871. Payment of costs and expenses from prize fund
(a) Payment may not be made from a prize fund except upon the order of the court. The court may, at any time, order the payment, from the deposit made with the Treasurer or public depositary in the cause, of costs or charges accrued and allowed.
(b) When the cause is finally disposed of, the court shall order the Treasurer or public de­positary to pay the costs and charges allowed and unpaid. If the final decree is for restitution, or if there is no money subject to the order of the court in the cause, costs or charges allowed by the court and not paid by the claimants shall be paid out of the fund for paying the expenses of suits in which the United States is a party or is interested.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480, § 7666; renumbered § 8866, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7671
34 U.S.C. 1150 (less 2d sentence).
R.S. 4640 (less 2d sentence).
In subsection (b) the words “or orders” after “order” are omitted as surplusage. The words “a charge upon and” are omitted as surplusage.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7671 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8873 (ARMED FORCES)
§ 8873. Allowance of expenses to marshals
The marshal shall be allowed his actual and necessary expenses for the custody, care, preservation, insurance, and sale or other disposal of the prize property, and for executing any order of the court in the prize cause. Charges of the marshal for expenses or disbursements shall be allowed only upon his oath that they have been necessarily incurred for the purpose stated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481, § 7673; renumbered § 8873, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7673
34 U.S.C. 1153.
R.S. 4645.
34 U.S.C. 1153 and the revised section reflect the Act of May 28, 1896, ch. 252, § 6, 29 Stat. 179, which provided that marshals should receive annual salaries in lieu of the fees and emoluments previously allowed them.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7673 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8874 (ARMED FORCES)
§ 8874. Payment of witness fees
If the court allows fees to any witness in a prize cause, or fees for taking evidence out of the district in which the court sits, and there is no money subject to its order in the cause, the marshal shall pay the fees. He shall be repaid from any money deposited to the order of the court in the cause. Any amount not so repaid to the marshal shall be allowed him as witness fees paid by him in cases in which the United States is a party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481, § 7674; renumbered § 8874, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7674
34 U.S.C. 1157.
R.S. 4651.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7674 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8875 (ARMED FORCES)
§ 8875. Commissions of auctioneers
(a) The Secretary of the Navy may establish a scale of commissions to be paid to auctioneers employed to make sales of prize property. These commissions are in full satisfaction of expenses as well as services. The scale may in no case allow a commission in excess of—
(1) ½ of 1 percent on any amount exceeding $10,000 on the sale of a vessel; and
(2) 1 percent on any amount exceeding $10,000 on the sale of other prize property.
(b) If no such scale is established, auctioneers in prize causes shall be paid such compensation as the court considers just under the circumstances of each case.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481, § 7675; renumbered § 8875, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7675
34 U.S.C. 1156.
R.S. 4650.
The word “amount” is substituted for the word “sum”.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7675 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8876 (ARMED FORCES)
§ 8876. Compensation of prize commissioners and special prize commissioners
(a) Naval prize commissioners and naval special prize commissioners may not receive compensation for their services in prize causes other than that to which they are entitled as officers of the Navy.
(b) Prize commissioners and special prize commissioners, except naval prize commissioners and naval special prize commissioners, are entitled to just and suitable compensation for their services in prize causes. The amount of compensation in each cause shall be determined by the court and allowed as costs.
(c) Annually, on the anniversary of his appointment, each prize commissioner and special prize commissioner, except a naval prize commissioner or a naval special prize commissioner, shall submit to the Attorney General an account of all amounts received for his services in prize causes within the previous year. Of the amounts reported, each such commissioner may retain not more than $3,000, which is in full satisfaction for all his services in prize causes for that year. He shall pay any excess over that amount into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482, § 7676; renumbered § 8876, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7676(a)
34 U.S.C. 1137 (as applicable to compensation of naval prize commissioner).
R.S. 4621 (as applicable to compensation of naval prize commissioner); Nov. 14, 1945, ch. 472, § 2, 59 Stat. 581.
34 U.S.C. 1163 (as applicable to compensation of naval special prize commissioner).
Aug. 18, 1942, ch. 553, § 5 (as applicable to compensation of naval special prize commissioner), 56 Stat. 746.
7676(b)
34 U.S.C. 1154.
R.S. 4646.
7676(c)
34 U.S.C. 1155.
R.S. 4647.
In subsection (c) the words “on the anniversary of his appointment” are inserted for clarity, as “year” in the context of this section means a year of service as prize commissioner. The words “and shall be credited to the fund for paying naval pensions” are omitted because the Act of June 26, 1934, ch. 756, § 9, 48 Stat. 1229, abolished the naval pension fund and provided that moneys previously required to be paid into it should be deposited in the Treasury as miscellaneous receipts. The words “as miscellaneous receipts” are omitted as surplusage. The word “amounts” is substituted for the word “sums”.
34 U.S.C. 1154 and 1155 and this section reflect the Act of May 28, 1896, ch. 252, § 6, 29 Stat. 179, 180, which provided that United States attorneys should receive fixed annual salaries in lieu of the fees and emoluments previously authorized.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7676 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8877 (ARMED FORCES)
§ 8877. Accounts of clerks of district courts
(a) The clerk of each district court, for the purpose of the final decree in each prize cause, shall keep account of—
(1) the amount deposited with the Treasurer or public depositary, subject to the order of the court in the cause; and
(2) the amounts ordered to be paid therefrom as costs and charges.
(b) The clerk shall draw the orders of the court for the payment of costs and allowances and for the disposition of the residue of the prize fund in each cause.
(c) The clerk shall send to the Secretary of the Treasury and the Secretary of the Navy—
(1) copies of final decrees in prize causes; and
(2) a semi-annual statement of the amounts allowed by the court, and ordered to be paid, within the preceding six months to the prize commissioners and special prize commissioners for their services.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482, § 7677; renumbered § 8877, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7677
34 U.S.C. 1152.
R.S. 4644.
34 U.S.C. 1152 and this section reflect modifications of R.S. 4644 effected by—
(1) Act of May 28, 1896, ch. 252, § 6, 29 Stat. 179, which provided for fixed annual salaries for United States attorneys and marshals;
(2) Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors;
(3) Act of February 26, 1919, ch. 49, § 1, 40 Stat. 1182, which provided that clerks of United States district courts should receive fixed annual salaries; and
(4) Act of May 29, 1920, ch. 214, 41 Stat. 654, which abolished the offices of assistant treasurers and distributed their functions.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7677 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8878 (ARMED FORCES)
§ 8878. Interfering with delivery, custody, or sale of prize property
Whoever willfully does, or aids or advises in the doing of, any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any claimant of that property, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482, § 7678; renumbered § 8878, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7678
34 U.S.C. 1167.
Mar. 4, 1909, ch. 321, § 38, 35 Stat. 1096.
The words “captor or” between “any” and “claimant” are omitted because the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, repealed all laws authorizing the distribution of prize proceeds to captors. These words were apparently carried over inadvertently to § 38 of the 1909 Act from the source of that section, namely R.S. 5441.
The section is worded in the style of Title 18, U.S. Code.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7678 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.
10 U.S.C. § 8879 (ARMED FORCES)
§ 8879. Powers of district court over prize property notwithstanding appeal
Notwithstanding an appeal, the district court may make and execute all necessary orders for the custody and disposal of prize property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483, § 7679; renumbered § 8879, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7679
34 U.S.C. 1147.
R.S. 565; R.S. 4637.
34 U.S.C. 1147 and this section reflect—
(1) Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing distribution of prize proceeds to captors;
(2) Acts of March 3, 1911, ch. 231, § 128, 36 Stat. 1133, and February 13, 1925, ch. 229, § 1, 43 Stat. 938, which defined the appellate jurisdiction of the United States circuit courts, and provided that the Supreme Court should not directly review district court decisions except in specified cases, not including prize cases; and
(3) Act of June 25, 1948, ch. 646, 62 Stat. 869, which repealed the Acts of February 13, 1925, and March 3, 1911, supra, but enacted similar provisions and changed the name of United States Circuit Courts of Appeals to United States Courts of Appeals for the several circuits.
Reference to the court is omitted from 34 U.S.C. 1147 and from the revised section in view of the 1948 Act.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7679 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment 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.