§8857 Duties of Commanding Officer of Capturing Vessel

Summary

The commanding officer who captures a ship must secure and list all papers found on board (like the log, cargo papers, and letters), seal them, and send the sealed papers and the list to the court that will decide the capture. He must say if any papers are missing or changed and explain why. He must send the ship’s captain, at least one other officer, the cargo agent or purser, and anyone else who might know the ship’s ownership, nationality, or destination as witnesses. If usual witnesses can’t go, he must tell the court why. He must put a capable prize master and crew on the captured vessel and send the ship, witnesses, and papers into port for the court. If the ship or property can’t safely be sent, he must have independent people inspect and value it, send those reports to the court, and, unless the United States keeps items for its use, sell the property and deposit the money with the Treasurer of the United States or a public depository nearest the court for the court’s control. If he has no higher orders about which port to use, he must pick the port most convenient for likely claimants.