§8860. Duties of prize commissioners
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.)
Historical and Revision Notes
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
7660 | 34 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 Amendment
Amendment 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.
