republic-os/legal/us/code/title-10/chapter-883/section-8857.md

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LegalText	10 U.S.C. § 8857	Duties of commanding officer of capturing vessel	us	united_states_code	code_section	10	ARMED FORCES	883	PRIZE	8857	10 U.S.C. § 8857	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s8857	data/legal/raw/us/code/title-10/usc10.xml	1d881235ad6151ff067fb152bedb64cec8d72573923f3078dfd85a8b8e3238b4	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	3d9bf06d287f4a5db57c669ea49b3a316e112e82196e152ede7ba2667474c2cf	2026-07-04	official	legal us-code

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

Text

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 476, § 7657; renumbered § 8857, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 765734 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 Act of May 29, 1920, ch. 214, § 1, 41 Stat. 654, which, respectively, 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

Amendments2018—Pub. L. 115–232 renumbered section 7657 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment 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.