---
kind: "section"
citation: "10 U.S.C. § 8854"
title: "10"
title_heading: "Armed Forces"
number: "8854"
heading: "Effect of failure to start proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8854"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part IV — General Administration"
  - "Chapter 883 — Prize"
---

# §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](/usc/10/101.md?p=b-10) suit for restitution.

The monition issued in either case shall be served on the [United States](/usc/10/101.md?p=a-1) Attorney for the district, on the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1), 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.)

## Notes

| 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.