10 U.S.C. § 8860: Duties of prize commissioners

Summary

Prize commissioners must take the captured ship’s papers and inventory from the prize master. They must get the prize master’s sworn statement required under section 8858 and quickly record witness testimony as set out in section 8861. If the U.S. attorney asks, they must take depositions (sworn statements taken for later use) on questions the court gives them. They must examine and list the prize property, ask the court to order unloading if needed, and tell the court and U.S. attorney if anything must be sold right away. They must report custody or disposal issues to the court, return all papers and evidence sealed, and tell the Secretary of the Navy if any property could be useful in the war.

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