aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. (R. S. § 4295.) DERIVATION Acts Mar. 3, 1819, ch. 77, § 3, 3 Stat. 513; Jan. 30, 1823, ch. 7, 8 Stat. 721. § 384. Condemnation of piratical vessels. Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. (R. S. § 4296.) DERIVATION Acts Mar. 3, 1819, ch. 77, § 4, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5, 1861, ch. 48, § 1, 12 Stat. 314. § 385. Seizure and condemnation of vessels fitted out for piracy. Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as mentioned in section 386 of this title to the use of the United States, and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. (R. S. § 4297.) DERIVATION Act Aug. 5, 1861, ch. 48, § 1, 12 Stat. 314. REFERENCES IN TEXT "Surveyor", referred to in text, as probably an obsolete office, see note under section 387 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 386 of this title. § 386. Commissioning private vessels for seizure of piratical vessels. The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title. (R.S. § 4298.) DERIVATION Act Aug. 5, 1861, ch. 48, § 2, 12 Stat. 315. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 385 of this title. § 387. Duties of officers of customs and marshals as to seizure. The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. (R. S. § 4299.) DERIVATION Act Aug. 5, 1861, ch. 48, § 3, 12 Stat. 315. REFERENCES IN TEXT "Surveyors of the several ports of delivery", referred to in text, are probably obsolete offices in view of act July 5, 1932, ch. 430, Title I, § 1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term "port of delivery" was discontinued under the President's plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913, and set out as a note under former section 1 of Title 19. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 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. All functions of the offices eliminated were already vested in the 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 said Title 5. CROSS REFERENCES Reorganization of customs service, see section 1 of Title 19, Customs Duties. made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the United States attorney to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term time or vacation. (R. S. § 4300; June 25, 1948, ch. 646, § 1, 62 Stat. 909, eff. Sept. 1, 1948.) DERIVATION Act June 11, 1864, ch. 121, § 2, 13 Stat. 124. CHANGE OF NAME Act June 25, 1948, substituted "United States attorney" for "district attorney". See section 541 of Title 28, Judiciary and Judicial Procedure. CROSS REFERENCES Criminal jurisdiction of district courts, generally, see section 3231 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. § 392. Complaint and answer; jury trial. At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty. (R. S. § 4301.) DERIVATION Act June 11, 1864, ch. 121, §§ 3, 4, 13 Stat. 125. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. § 393. Amendments of complaint and adjournments. It shall be lawful for the court to allow the United States attorney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court. (R. S. § 4302; June 25, 1948, ch. 646, § 1, 62 Stat. 909, eff. Sept. 1, 1948.) DERIVATION Act June 11, 1864, ch. 121, § 6, 13 Stat. 125. CHANGE OF NAME SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. § 394. Challenge to jurors. At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shail be tried by the court without the aid of triers. (R. S. § 4303.) DERIVATION Act June 11, 1864, ch. 121, § 7, 13 Stat. 125. FEDERAL RULES OF CRIMINAL PROCEDURE Peremptory challenges, generally, see Rule 24 (b), (c). Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. § 395. Limit of sentence. It shall not be lawful for the court to sentence any person convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding $500, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine. (R. S. § 4304.) DERIVATION Act June 11, 1864, ch. 121, § 5, 13 Stat. 125. Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. § 396. Recovery of penalties and forfeitures generally. All the penalties and forfeitures which may be incurred for offenses against title 48 of the Revised Statutes may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. (R. S. § 4305.) Act June 25, 1948, substituted "United States attorney" for "district attorney". See section 541 of Title 28, Judiciary and Judicial Procedure. 406. 416. 417. 418. 419. 420. 421. 422. 423. 424. Appropriation for removal of sunken water craft. Provisions for protection of New York Harbor un- Regulation by Secretary governing transportation Modification and extension of harbor lines at Establishment of pierhead and bulkhead lines in Establishment of pierhead or bulkhead lines in 424a. Modification of harbor lines in Newport Harbor, California. 425. Investigations by Secretary of War as to pollution of navigable waters. 426. Investigations concerning erosion of shores of coastal and lake waters. 426-1. Coastal Engineering Research Center; establishment; powers and functions. 426-2. Board on Coastal Engineering Research. 426-3. Transfer of functions of Beach Erosion Board. 426a. Additional investigations concerning erosion of snores of coastal and lake waters; payment of costs; definition of shores. 426b. Same; applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors. 426c. Same; report by Coastal Engineers Research Center. 426d. Same; payment of expenses. 426e. Federal aid in protection of shores. (a) Declaration of policy. (b) Federal contribution; maximum amount; exceptions. (c) Periodic beach nourishment; definition of "construction". (d) Shores other than public. (e) Authorized plans. Equipment and marking of boats or scows. Return of permit; penalty for failure to return. Disposition of dredged matter; persons liable; penalty. Liability of vessel. Supervisor of harbor; appointment and duties. 451a. Harbors subject to sections 441 to 451b of this title. 451b. Same; waters included. 452. 453. 454. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels. Consent of Congress to obstruction of waters by New York City. § 401. Construction of bridges, causeways, dams or dikes generally. It shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of the Army: Provided, That such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of the Army before construction is commenced: And provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of the Army. (Mar. 3, 1899, ch. 425, § 9, 30 Stat. 1151.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. Section was part of the Rivers and Harbors Appropriation Act of 1899, and together with section 403 of this title superseded act Sept. 19, 1890, ch. 907, § 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158, § 3, 27 Stat. 88, which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by that Secretary. TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under this section to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation. CROSS REFERENCES Portion of west arm of South Fork of the South Branch of Chicago River in city of Chicago not to be subject to this section, see section 27 of this title. Virgin Islands, application of this section to, see section 1399 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 27, 402, 406, 412, 413, 418, 530 of this title; title 48 section 1399. § 402. Construction of bridges, etc., over Illinois and Mississippi Canal. The provisions of section 401 of this title are made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the Army shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches. (June 13, 1902, ch. 1079, § 10, 32 Stat. 374.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. Section was part of the River and Harbor Appropriation Act of 1902. TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Seccretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(g) (6) (A) of Title 49, Transportation. § 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in. The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the (Mar. 3, 1899, ch. 425, § 10, 30 Stat. 1151.) CODIFICATION same. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. Section was part of the Rivers and Harbors Appropriation Act of 1899. CONTINUANCE OF OBSTRUCTIONS Act Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454, was probably omitted from the Code as superseded by this section but it was held by the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905, 136 F. 42, 68 C. C. A. 592 (appeal dismissed [1906] 26 S. Ct. 765, 202 U. S. 613, 50 L. Ed. 1171), that it was not superseded so far as it related to the continuance of obstructions. It provided that: "The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court [district court] exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and This section and section 9 of act Mar. 3, 1899 (section 401 of this title), superseded provisions of act Sept. 19, 1899, ch. 907, § 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158, § 3, 27 Stat. 110, which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by said Secretary. TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation. CROSS REFERENCES Bridges over navigable waters, see section 491 et seq. of this title. Expenses of investigations by Department of the Army, see section 417 of this title. Portion of west arm of South Fork of the South Branch of Chicago River in city of Chicago not to be subject to this section, see section 27 of this title. Secretary of the Army to make navigation rules for Ambrose channel, see section 453 of this title. South and Southwest Passes of Mississippi River, see section 2 of this title. Violations as misdemeanors, see section 406 of this title. Virgin Islands, applicability to, see section 1399 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 27, 406, 412, 413, 418, 465 of this title; title 48 section 1399. § 403a. Obstruction of navigable waters; creation or continuance; punishment. CODIFICATION Section, acts Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167, was omitted from Code. See note under section 403 of this title. § 404. Establishment of harbor lines; conditions to grants for extension of piers, etc. Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided, That whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him. (Mar. 3, 1899, ch. 425, § 11, 30 Stat. 1151.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. Section was part of the Rivers and Harbors Appropriation Act of 1899. PRIOR LAW This section and section 406 of this title, superseded act Aug. 11, 1888, ch. 860, § 12, 25 Stat. 425, as amended by act Sept. 19, 1890, ch. 907, § 12, 26 Stat. 455, which authorized the establishment of harbor lines, and prescribed a penalty for a violation of the section, or any rule made in pursuance of it. Section also superseded act Aug. 18, 1894, ch. 299, § 9, 28 Stat. 364, which contained provisions for compensation for tide water displaced similar to the proviso in this section. Act Aug. 5, 1886, ch. 929, § 2, 24 Stat. 329, which was probably omitted from the Code as superseded by this section, provided that: "In places where harbor-lines have not been established, and where deposits of débris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him." TRANSFER OF FUNCTIONS All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation. CROSS REFERENCES Applicability to Potomac and Anacostia Rivers, see section 405 of this title. Virgin Islands, see section 1399 of Title 48, Territories and Insular Possessions. Modification and extension of harbor lines, see section 422 of this title. Pierhead and bulkhead lines, establishment, see sections 423 and 424 of this title. Violations as misdemeanors, see section 406 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 405, 406, 412, 413, 418 of this title; title 48 section 1399. § 405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers. The provisions of section 404 of this title are made applicable to the Potomac and Anacostia Rivers, and after July 25, 1912, harbor lines in the District of Columbia, or elsewhere on said rivers, shall be established or modified as therein provided. (July 25, 1912, ch. 253, § 1, 37 Stat. 206.) CODIFICATION Section is part of section 1 of the Rivers and Harbors Appropriation Act of 1912. |