§ 8860. Duties of prize commissioners

395 words·~2 min read·/usc/title-10/section-8860

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 477, § 7660; renumbered § 8860 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(9), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

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.

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