Title 10, Armed ForcesRelease 119-110

§8854 Effect of Failure to Start Proceedings

Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 883 — PRIZE › § 8854

Last updated Sep 22, 2026|Official source

Summary

If captured property isn't taken into court timely, claimant may seek in district court show‑cause order or sue for restitution. Order must be served on U.S. Attorney, Secretary of Navy, and others named by court.

Full Legal Text

Title 10, §8854

Armed Forces, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 765434 U.S.C. 1141 (last sentence).R.S. 4625 (last sentence).

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7654 of this title as this section.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8854

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110