§8857 Duties of Commanding Officer of Capturing Vessel

Summary

When a ship is captured, the commanding officer must take and protect all papers from that ship, including the log and cargo documents. He must list and seal those papers and send the list and the papers to the prize court. The list must say whether all papers are included or explain any that are missing, and say whether the papers are sent in the same condition as found or explain any changes. He must send the captain, at least one other officer, key ship personnel (for example, the supercargo, purser, or agent), and anyone else aboard who might know about the ship’s ownership, nationality, or destination as witnesses. If usual witnesses cannot go, he must tell the court why. 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 to decide. If no higher orders name a port, the officer must pick the port that seems most convenient for likely claimants. If the ship or part of its cargo cannot be sent in, he must have it surveyed and appraised by fair, competent people and send those reports to the court. Unless the United States keeps the property, the commanding officer may sell it. The sale money must be deposited with the Treasurer of the United States or in the public depositary nearest the court and held under the court’s control in the case.