§8860 — Title 10 Armed Forces | U.S. Code

Summary

Prize commissioners must handle the papers and property from a captured ship. They must take the prize master's sworn statement, quickly get witness testimony, and take depositions of the prize crew and others when the U.S. attorney asks and the court sets the questions. They must inspect and list the captured property and ask the court to order unloading if needed. They must tell the court and the U.S. attorney if anything needs to be sold right away or needs court action. They must return all papers, preparatory evidence, depositions, and their inventory to the court sealed and numbered. If any captured item could help the United States in the war, they must tell the Secretary of the Navy.

Title 10, §8860

Armed Forces — Source: USLM XML via OLRC

One or more of the prize commissioners shall—

(1)receive from the prize master the documents and papers of the captured vessel and the inventory thereof;

(2)take the affidavit of the prize master required by section 8858 of this title;

(3)take promptly, in the manner prescribed by section 8861 of this title, the testimony of the witnesses sent in;

(4)take, at the request of the United States attorney, on interrogatories prescribed by the court, the depositions de bene esse of the prize crew and others;

(5)examine and inventory the prize property;

(6)apply to the court for an order to the marshal to unload the cargo, if this is necessary to that examination and inventory;

(7)report to the court, and notify the United States attorney, whether any of the prize property requires immediate sale in the interest of all parties;

(8)report to the court, from time to time, any matter relating to the condition, custody, or disposal of the prize property requiring action by the court;

(9)return to the court sealed and secured from inspection—

(A)the documents and papers received, duly scheduled and numbered;

(B)the preparatory evidence;

(C)the evidence taken de bene esse; and

(D)their inventory of the prize property; and

(10)report to the Secretary of the Navy, if, in their judgment, any of the prize property is useful to the United States in the prosecution of war.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 766034 U.S.C. 1138 (less applicability to procedure for interrogating witnesses).R.S. 4622 (less applicability to procedure for interrogating witnesses). The words “but the custody of the property shall be in the marshal only” are omitted as surplusage, since this fact is made clear in § 7662 of this title.

Editorial Notes

Amendments

2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7660 of this title as this section. Par. (2). Pub. L. 115–232, § 809(a), substituted “section 8858” for “section 7658”. Par. (3). Pub. L. 115–232, § 809(a), substituted “section 8861” for “section 7661”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§8860 Duties of Prize Commissioners

Summary

Title 10, §8860

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata