10 U.S.C. § 8854

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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.

10 U.S.C. § 8854

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.

HISTORICAL AND REVISION NOTE
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

AMENDMENTS2018- Pub. L. 115-232 renumbered section 7654 of this title as this section.

EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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.