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.

Terms Used In 10 USC 8854

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • vessel: includes aircraft. See 10 USC 8851