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10 U.S.C. § 8857 — Duties of commanding officer of capturing vessel
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The commanding officer of a vessel making a capture shall—
(1) secure the documents of the captured vessel, including the log, and the documents of cargo, together with all other documents and papers, including letters, found on board;
(2) inventory and seal all the documents and papers;
(3) send the inventory and documents and papers to the court in which proceedings are to be had, with a written statement—
(A) that the documents and papers sent are all the papers found, or explaining the reasons why any are missing; and
(B) that the documents and papers sent are in the same condition as found, or explaining the reasons why any are in different condition;
(4) send as witnesses to the prize court the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any other person found on board whom he believes to be interested in or to know the title, national character, or destination of the prize, and if any of the usual witnesses cannot be sent, send the reasons therefor to the court; and
(5) place a competent prize master and a prize crew on board the prize and send the prize, the witnesses, and all documents and papers, under charge of the prize master, into port for adjudication.
**(b)** In the absence of instructions from higher authority as to the port to which the prize shall be sent for adjudication, the commanding officer of the capturing vessel shall select the port that he considers most convenient in view of the interests of probable claimants.
**(c)** If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, the commanding officer of the capturing vessel shall have a survey and an appraisal made by competent and impartial persons. The reports of the
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Source file: Laws/federal/codes/united-states-code/title-10/section-8857-duties-of-commanding-officer-of-capturing-vessel--3df8a95006.md
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Source location: Title 10, Chapter 883, § 8857; chapter-883-prize.md
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**(a)** The commanding officer of a vessel making a capture shall—
(1) secure the documents of the captured vessel, including the log, and the documents of cargo, together with all other documents and papers, including letters, found on board;
(2) inventory and seal all the documents and papers;
(3) send the inventory and documents and papers to the court in which proceedings are to be had, with a written statement—
(A) that the documents and papers sent are all the papers found, or explaining the reasons why any are missing; and
(B) that the documents and papers sent are in the same condition as found, or explaining the reasons why any are in different condition;
(4) send as witnesses to the prize court the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any other person found on board whom he believes to be interested in or to know the title, national character, or destination of the prize, and if any of the usual witnesses cannot be sent, send the reasons therefor to the court; and
(5) place a competent prize master and a prize crew on board the prize and send the prize, the witnesses, and all documents and papers, under charge of the prize master, into port for adjudication.
**(b)** In the absence of instructions from higher authority as to the port to which the prize shall be sent for adjudication, the commanding officer of the capturing vessel shall select the port that he considers most convenient in view of the interests of probable claimants.
**(c)** If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, the commanding officer of the capturing vessel shall have a survey and an appraisal made by competent and impartial persons. The reports of the survey and the appraisal shall be sent to the court in which proceedings are to be had. Property so surveyed and appraised, unless appropriated for the use of the United States, shall be sold under authority of the commanding officer present. Proceeds of the sale shall be deposited with the Treasurer of the United States or in the public depositary most accessible to the court in which proceedings are to be had and subject to its order in the cause.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Subject to the needs of the Army, the Secretary of the Army may sell ammunition for military weapons which are used for avalanche-control purposes to any State (or entity of a State) or to any other non-Federal entity that has been authorized by a State to use those weapons in that State for avalanche-control purposes. Sales of ammunition under this section shall be on a reimbursable basis and shall be subject to the condition that the ammunition be used only for avalanche-control purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7657
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Federal law — U.S. Code and appendices · legal_authorities
Page 3401
TITLE 10—ARMED FORCES
§ 8857
Editorial Notes
PRIOR PROVISIONS
A prior section 8855, added Pub. L. 86–559, § 1(76), June
30, 1960, 74 Stat. 280; amended Pub. L. 96–107, title IV,
§ 403(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96–513, title II,
§ 215(b), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 100–180, div.
A, title VII, § 717(c), (d)(2)(A), Dec. 4, 1987, 101 Stat. 1114;
Sept. 29, 1988, Pub. L. 100–456, div. A, title XII,
§ 1233(l)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189,
div. A, title VII, § 710(c), Nov. 29, 1989, 103 Stat. 1477, re-
lated to retention in active status of certain reserve of-
ficers, prior to repeal by Pub. L. 103–337, div. A, title
XVI, § 1629(c)(3), Oct. 5, 1994, 108 Stat. 2963, effective Oct.
1, 1996. See section 14703(a)(3), (b) of this title.
AMENDMENTS
2018—Pub. L. 115–232, § 807(d)(9), renumbered section
7655 of this title as this section.
Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec-
tion 8853(a) or (c)’’ for ‘‘section 7653(a) or (c)’’.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec-
tion 8853(b)’’ for ‘‘section 7653(b)’’.
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.
§ 8856. Duties of United States attorney
(a) The interests of the United States in a
prize cause shall be represented by the United
States attorney for the judicial district in which
the prize cause is adjudicated. The United
States attorney shall protect the interests of
the United States and shall examine all fees,
costs, and expenses sought to be
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8857
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