§2279 Boarding Vessels Before Arrival

Based on section 708 of title 46, U.S.C., 1940 ed., Shipping (R.S. § 4606). “Law

officer” was substituted for “constable or police officer” and “committing magistrate” for “justice of the peace.” The phraseology used in the statute was archaic. It originated when the government had few law

officers and magistrates of its own. References to specific sections were made to read: “according to law” to achieve brevity. Mandatory punishment provision was rephrased in the alternative. The words “without permission of the master” were deleted to remove an inconsistency with the provisions of section 163 of title 46, U.S.C., 1940 ed., and customs

. Customs

, 1943, section 4.1c, prohibit any person “with or without consent of the master” from boarding vessel, with specific enumerated exceptions. Said section 163 prescribes a “penalty of not more than $100 or imprisonment not to exceed six months, or both” for violating

. The revised section increases the fine from $100 to $200 for boarding the vessel “with the consent of the master.” Minor changes were made in phraseology.

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $200” in first par.