10 USC § 8854 - Effect of failure to start proceedings

---
identifier: "/us/usc/t10/s8854"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8854 - Effect of failure to start proceedings"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8854"
section_name: "Effect of failure to start proceedings"
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. 475, § 7654; renumbered § 8854, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)"
---


# § 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.

---

**Source Credit**: (Aug. 10, 1956. ch. 1041, 70A Stat. 475, § 7654; renumbered § 8854, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

| 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

2018— renumbered  as this section.

### 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 .