10 U.S.C. § 8854 — Effect of failure to start proceedings

FEDERAL · 10 U.S.C. · Chapter 883

Effect of failure to start proceedings

10 U.S.C. § 8854

Chapter883 — PRIZE

This text of 10 U.S.C. § 8854 (Effect of failure to start proceedings) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

10 U.S.C. § 8854.

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—

(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.

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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

History

(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.)

Editorial Notes

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.

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Bluebook (online)

10 U.S.C. § 8854, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/8854.