10 USC § 8860 - Duties of prize commissioners

---
identifier: "/us/usc/t10/s8860"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8860 - Duties of prize commissioners"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8860"
section_name: "Duties of prize commissioners"
chapter_number: 883
chapter_name: "PRIZE"
part_number: "IV"
part_name: "GENERAL ADMINISTRATION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

---

**Source Credit**: (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 .

## Editorial Notes

### Amendments

2018—, renumbered  as this section.

Par. (2). , substituted “section 8858” for “section 7658”.

Par. (3). , substituted “section 8861” for “section 7661”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .