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22 U.S.C. § 461Enforcement by courts; employment of land or naval forces

submitted 117 years ago by ch. 321 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal district courts handle all complaints about ships being illegally captured or armed for war within U.S. waters. If a vessel is being armed for war, sent on a hostile expedition, or its owner disobeys a court order, the President may use military force to seize the ship and stop the operation.

District courts hear every complaint, from anyone, about a ship captured within U.S. waters or within one marine league (about three miles) of the U.S. coast. The President — or someone the President appoints for this purpose — may use the U.S. Army, Navy, or militia to seize and hold a ship, and any prizes it has captured, in each of these situations: a vessel is being fitted out and armed for war, or someone is trying to do so, in violation of this law and of sections 958 to 962 of title 18; the firepower of an armed vessel is being increased, in violation of those same laws; a military expedition or enterprise is starting, in violation of those laws; a ship is captured within U.S. jurisdiction as described above; or a court order is being disobeyed or resisted by whoever has custody of a foreign warship, or of a vessel belonging to a foreign prince, state, colony, or people. The President can use this military force to enforce the law's penalties, to restore captured prizes when a court orders it, and to stop a hostile expedition from setting out from U.S. territory against a country the United States is at peace with.
the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit
  • 1909Enacted · Act of Mar. 4, 1909, ch. 321 · 35 Stat. 1090

A history note hasn’t been published yet. The record shows enactment by ch. 321 on 1909-03-04.

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