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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 8867 Transfer of prize property to another district for sale us united_states_code code_section 10 ARMED FORCES 883 PRIZE 8867 10 U.S.C. § 8867 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s8867 data/legal/raw/us/code/title-10/usc10.xml 763568e5e93761592121299aa2dd2e19748c835716052ae50a257bea443fb5a5 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 78f13dffe1592d98b1a886ec4c7e2551d699ec900b07b2336cf9127cd970d70a 2026-07-04 official
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10 U.S.C. § 8867 - Transfer of prize property to another district for sale

Text

(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. 115232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 766734 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.

Editorial Notes

Amendments2018—Pub. L. 115232 renumbered section 7667 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.