Chapter 12 of Title 16 of the Kosrae State Code (Sea and Transportation) - Seizure

Seizure file:///D/HTML/mic79143.htm[16.01.2025 08:14:03] KSC, TITLE 14. THE SEA & TRANSPORTATION Part II. The Sea Chapter 12. Seizure Section 14.1201. Seizure. Section 14.1202. Report of seizure. Section 14.1203. Investigation and prosecution. Section 14.1204. Custody of vessel and equipment. Section 14.1201. Seizure. When the Government has reasonable cause to believe that a vessel is subject to seizure for violation of law, it may seize the vessel, together with its apparel, tackle, furniture and equipment. Application to an appropriate court for a warrant of arrest of a vessel is available in lieu of or in addition to seizure. Section 14.1202. Report of seizure. A person making a seizure immediately reports the seizure to the Governor and the Attorney General, including in the report a statement of the name of a witness to the seizure. Section 14.1203. Investigation and prosecution. The Attorney General inquires into the facts of a seizure. If it appears probable that a forfeiture has resulted from violation of law, the Attorney General files and prosecutes a libel in an appropriate court for the condemnation and forfeiture of the vessel with its tackle, apparel, furniture and equipment. If it appears to the Attorney General that the preponderance of available evidence does not support a libel, or the Attorney General determines that justice requires that he does not institute a libel, he reports his conclusion to the Governor. Section 14.1204. Custody of vessel and equipment. A seized vessel, with its tackle, apparel, furniture and equipment, seized pursuant to this chapter, remains in the custody of the Government awaiting disposition pursuant to law.