10 U.S.C. § 8854 — Effect of failure to start proceedings
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 93 words · no verdicts yet
This section covers effect of failure to start proceedings. It sets the duties, powers, limits, exceptions, and procedures stated in the section.
If a vessel is captured as prize and no proceedings for adjudication are started within a reasonable time, any party claiming the captured property can, in any district court as a court of prize—
(1) move for a monition to show cause why those proceedings must not be started; or
(2) bring an original suit for restitution. The monition issued in either case must 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.
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.
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.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1837
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case