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
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