Public Law 119-73 (01/23/2026)

10 U.S.C. § 8854

Effect of failure to start proceedings

If a vessel is captured as prize and no proceedings for adjudication are started within a reasonable time, any party claiming the captured property may, in any district court as a court of prize—
(1)
move for a monition to show cause why such proceedings shall not be started; or
(2)
bring an original suit for restitution.
The monition issued in either case shall be served on the United States Attorney for the district, on the Secretary of the Navy, and on such other persons as are designated by order of the court.

Aug. 10, 1956. ch. 104170A Stat. 475Pub. L. 115–232, div. A, title VIII, § 807(d)(9)132 Stat. 1837(, , § 7654; renumbered § 8854, , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

7654

34 U.S.C. 1141 (last sentence).

R.S. 4625 (last sentence).

Editorial Notes

Amendments

Pub. L. 115–232section 7654 of this title2018— renumbered as this section.

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .