§ 8854. Effect of failure to start proceedings

Statutory text

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—

move for a monition to show cause why such proceedings shall not be started; or

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956. ch. 1041, 70A Stat. 475, § 7654 · 70A Stat. 475
Enacted · 10 U.S.C. § 8854
Aug. 10, 1956. ch. 1041, 70A Stat. 475, § 7654
Source evidence
Code source credit
Aug. 10, 1956. ch. 1041, 70A Stat. 475, § 7654
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(d)(9) · 132 Stat. 1636
Changed · 10 U.S.C. § 8854
Pub. L. 115–232 renumbered section 7654 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 7654 of this title as this section.
Enacted provision · exact public law section
(9) Chapters 649, 651, 653, and 655.— Each section in chapters 649, 651, 653, and 655 is 10 USC 8771–8773, 8776, 8777, 8779–8782, 8801–8806, 8821–8823, 8851–8881. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200.
Effective date note
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.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
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—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.

Credits

1956–2018 · 2 acts

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

Show as published

(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.)