10 U.S.C. § 8857 — Duties of commanding officer of capturing

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 charged against the prize fund. (b) In a judicial district where one or more prize causes are pending the United States at- torney shall send to the Secretary of the Navy, at least once every three months, a statement of all such causes in the form and covering the par- ticulars required by the Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 475, § 7656; re- numbered § 8856, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7656 ......... 34 U.S.C. 1136. R.S. 4619. The Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which repealed all laws authorizing the distribution of prize money to captors, rendered inoperative parts of R.S. 4619 relative to protection of captors’ interest. These parts are omitted from 34 U.S.C. 1136 and from the revised section. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7656 of this title as this section. 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. § 8857. Duties of commanding officer of capturing vessel (a) The commanding officer of a vessel making a capture shall— (1) secure the documents of the captured ves- sel, 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 rea- sons why any are missing; and (B) that the documents and papers sent are in the same condition as found, or explain- ing the reasons why any are in different con- dition; (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 be- lieves 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 pa- pers, 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 in- terests 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 per- sons. 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 ap- praised, 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 476, § 7657; re- numbered § 8857, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7657 ......... 34 U.S.C. 1133. R.S. 4615. As does 34 U.S.C. 1133, the revised section reflects the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, and the Page 3402 TITLE 10—ARMED FORCES § 8858 Act of May 29, 1920, ch. 214, § 1, 41 Stat. 654, which, re- spectively, abolished the interest of captors in prize property and substituted ‘‘Treasurer of the United States or public depositary’’ for ‘‘assistant treasurer of the United States’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7657 of this title as this section. 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. § 8858. Duties of prize master The prize master shall take the captured ves- sel to the selected port. On arrival he shall— (1) deliver immediately to a prize commis- sioner the documents and papers and the in- ventory thereof; (2) make affidavit that the documents and papers and the inventory thereof and the prize property are the same and are in the same condition as delivered to him, or explaining any loss or absence or change in their condi- tion; (3) report all information respecting the prize and her capture to the United States at- torney; (4) deliver the persons sent as witnesses to the custody of the United States marshal; and (5) retain the prize in his custody until it is taken therefrom by process from the prize court. (Aug. 10, 1956, ch. 1041, 70A Stat. 476, § 7658; re- numbered § 8858, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7658 ......... 34 U.S.C. 1134. R.S. 4617. The word ‘‘diligently’’ is omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7658 of this title as this section. 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. § 8859. Libel and proceedings by United States attorney (a) Upon receiving the report of the prize mas- ter directed by section 8858 of this title, the United States attorney for the district shall promptly— (1) file a libel against the prize property; (2) obtain a warrant from the court directing the marshal to take custody of the prize prop- erty; and (3) proceed to obtain a condemnation of the property. (b) In connection with the condemnation pro- ceedings the United States attorney shall insure that the prize commissioners— (1) take proper preparatory evidence; and (2) take depositions de bene esse of the prize crew and of other transient persons who know any facts bearing on condemnation. (Aug. 10, 1956, ch. 1041, 70A Stat. 477, § 7659; re- numbered § 8859 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) 7659 ......... 34 U.S.C. 1135. R.S. 4618. As does 34 U.S.C. 1135, the revised section reflects the Act of March 3, 1899, ch. 413, § 13, 30 Stat. 1007, which re- pealed all laws authorizing distribution of prize pro- ceeds to captors. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(9), renumbered section 7659 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8858’’ for ‘‘section 7658’’ in introductory provisions. 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. § 8860. Duties of prize commissioners One or more of the prize commissioners shall— (1) receive from the prize master the docu- ments and papers of the captured vessel and the inventory thereof; (2) take the affidavit of the prize master re- quired 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 prop- erty; (6) apply to the court for an order to the marshal to unload the cargo, if this is nec- essary 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 inter- est 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 ac- tion by the court;