§385 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Ships built, bought, outfitted, or kept for use in piracy can be captured on the open sea or seized inside the United States. They can be declared forfeited even if they never sailed or never actually carried out a pirate attack. If taken by an authorized U.S. vessel, the ship can be awarded to the government and the captors; if seized by a collector, surveyor, or marshal, it goes to the United States.

Title 33, §385

Navigation and Navigable Waters — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Surveyor, referred to in text, is probably an obsolete office 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. Codification R.S. § 4297 derived from act Aug. 5, 1861, ch. 48, § 1, 12 Stat. 314.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in 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

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 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.

§385 Seizure and Condemnation of Vessels Fitted Out for Piracy