Title 10Armed ForcesRelease 119-73not60

§8854 Effect of Failure to Start Proceedings

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

Last updated Apr 3, 2026|Official source

Summary

If a captured ship or other property isn't taken into prize court within a reasonable time, a person who claims it can go to a district court and either require someone to explain why prize proceedings were not started or file a new lawsuit to get the property back.

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.

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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60