SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY

§461. Enforcement by courts; employment of land or naval forces

The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this subchapter and sections 958 to 962 of title 18; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this subchapter and sections 958 to 962 of title 18, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.

(Mar. 4, 1909, ch. 321, §14, 35 Stat. 1090.)

Editorial Notes

Codification

This subchapter and sections 958 to 962 of title 18, referred to in text, was in the original "this chapter", meaning chapter 2 of the act of Mar. 4, 1909, which had been classified to sections 461 to 464 of this title and sections 21 to 25, and 30 of former Title 18, Criminal Code and Criminal Procedure.

"This subchapter" substituted in text for "sections 461 to 464 of this title".

"Sections 958 to 962 of title 18" substituted in text for "sections 21 to 25, and 30 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.

Section was formerly classified to section 26 of title 18 prior to the general revision and enactment of Title 18 by act June 25, 1948, ch. 645, §1, 62 Stat. 683.

Prior Provisions

Section was derived from R.S. §5287 (act Apr. 20, 1818, ch. 88, §8, 3 Stat. 449) which was amended by act Feb. 18, 1875, ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of Mar. 4, 1909.

§462. Compelling foreign vessels to depart

It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart.

(Mar. 4, 1909, ch. 321, §15, 35 Stat. 1091; June 15, 1917, ch. 30, title V, §10, 40 Stat. 223.)

Editorial Notes

Codification

Section was formerly classified to section 27 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.

Act June 15, 1917, inserted provisions relating to detention of vessels.

Prior Provisions

Section was derived from R.S. §5288 (act Apr. 20, 1818, ch. 88, §9, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.

§463. Bonds from armed vessels on clearing

The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.

(Mar. 4, 1909, ch. 321, §16, 35 Stat. 1091.)

Editorial Notes

Codification

Section was formerly classified to section 28 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.

Prior Provisions

Section was derived from R.S. §5289 (act Apr. 20, 1818, ch. 88, §10, 3 Stat. 449), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.

§464. Detention by collectors of customs

The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, or any place subject to the jurisdiction thereof, the cargo of which principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by section 463 of this title.

(Mar. 4, 1909, ch. 321, §17, 35 Stat. 1091.)

Editorial Notes

Codification

Section was formerly classified to section 29 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.

Prior Provisions

Section was derived from R.S. §5290 (act Apr. 20, 1818, ch. 88, §11, 3 Stat. 450), which was repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153.

Executive Documents

Transfer of Functions

Offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965 eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§465. Detention of vessels

The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of sections 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18.

(June 15, 1917, ch. 30, title V, §9, 40 Stat. 223.)

Editorial Notes

Codification

This section was not enacted as part of act Mar. 4, 1909, ch. 321, 35 Stat. 1090, which comprises this subchapter.

Sections 462 and 465 of this title, and sections 756, 960, 963 to 967, and 3058 of title 18, referred to in text, was in the original "this title", meaning title V of act June 15, 1917, which had been classified to sections 462 and 465 of this title and sections 25, and 31 to 38 of former Title 18, Criminal Code and Criminal Procedure.

"Sections 756, 960, 963 to 967, and 3058 of title 18" substituted in text for "sections 25, and 31 to 38 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedures.

Section was formerly classified to section 38 of title 18 prior to the general revision and enactment of Title 18, by act June 25, 1948, ch. 645, §1, 62 Stat. 683.

Statutory Notes and Related Subsidiaries

Definitions

Definition of United States as used in this section, see section 408a of this title.