§ 461. — Enforcement by courts; employment of land or naval forces.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC461]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 9--FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY
SUBCHAPTER III--PREVENTION OF OFFENSES AGAINST NEUTRALITY
Sec. 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, Sec. 14, 35 Stat. 1090.)
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, Sec. 1, 62 Stat. 683.
Prior Provisions
Section was derived from R.S. Sec. 5287 (act Apr. 20, 1818, ch. 88,
Sec. 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.
