§8857 Duties of commanding officer of capturing vessel

Summary

When a ship captures another, the commanding officer must take the captured ship’s papers — like the log, cargo papers, letters, and any other documents. He must make a list of those papers, seal them, and send the list and the papers to the court that will decide the prize. He must include a signed note saying the papers are all those found or explaining any missing ones, and saying they are in the same condition or explaining any changes. He must send the ship’s master, one or more officers, the supercargo, purser or agent, and anyone else who might know about ownership, nationality, or destination as witnesses, or explain why they cannot go. He must put a qualified prize master and crew on the captured ship and send the ship, the witnesses, and the papers into port for the court. If no higher orders name a port, he must choose the port that seems most convenient for likely claimants. If the ship or its property cannot be sent in, he must have it surveyed and appraised by qualified, neutral people, send those reports to the court, and, unless the United States keeps the property for its use, sell it. The sale money must be deposited with the U.S. Treasurer or the public bank most accessible to the court and held under the court’s order.