Us Code § 8860 - Duties of prize commissioners
Full text of Us Code United States Code § 8860 — Duties of prize commissioners, with citation guidance and answers to common questions.
§ 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.)
| 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.
About This Section
10 U.S.C. § 8860 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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