10 USC § 8859 - Libel and proceedings by United States attorney

---
identifier: "/us/usc/t10/s8859"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8859 - Libel and proceedings by United States attorney"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8859"
section_name: "Libel and proceedings by United States attorney"
chapter_number: 883
chapter_name: "PRIZE"
part_number: "IV"
part_name: "GENERAL ADMINISTRATION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 8859. Libel and proceedings by United States attorney

**(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.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 7659 | 34 U.S.C. 1135. | R.S. 4618. |

As does , the revised section reflects the , , which repealed all laws authorizing distribution of prize proceeds to captors.

## Editorial Notes

### Amendments

2018—, renumbered  as this section.

Subsec. (a). , substituted “section 8858” for “section 7658” in introductory provisions.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .