
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7657]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                           CHAPTER 655--PRIZE
 
Sec. 7657. 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 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.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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7657..................................  34 U.S.C. 1133.                      R.
S. 4615.
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    As does 34 U.S.C. 1133, the revised section reflects the Act of 
March 3, 1899, ch. 413, Sec. 13, 30 Stat. 1007, and the Act of May 29, 
1920, ch. 214, Sec. 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''.
