SUBCHAPTER V-ORDERS

§ 294. Repealed. Pub. L. 96-591, § 8(b), Dec. 24, 1980, 94 Stat. 3435

Section, act Feb. 8, 1895, ch. 64, § 1, as added Aug. 21, 1935, ch. 595, § 3, 49 Stat. 669, related to orders to helmsmen.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

SUBCHAPTER VI-VESSELS NOT UNDER WAY

§ 295. Repealed. Pub. L. 96-591, § 8(b), Dec. 24, 1980, 94 Stat. 3435

Section, act Feb. 8, 1895, ch. 64, § 1, as added Mar. 18, 1948, ch. 138, § 5, 62 Stat. 82, related to day and night signals for vessels anchored, not under command, or aground. See section 2035 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

CHAPTER 5-NAVIGATION RULES FOR RED

RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES

The rules for preventing collisions prescribed by R.S. § 4233, as amended, formed the basis of this chapter. Those rules as enacted were not limited in application to the navigation of any waters. But they were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of "Revised International Regulations" by act Mar. 3, 1885, ch. 354, 23 Stat. 438; and these regulations were superseded by the adoption of the subsequent regulations of act Aug. 19, 1890, set out as section 61 et seq. and section 1051 et seq. of this title. The rules prescribed by R.S. § 4233 were further superseded, as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by the rules applying to such navigation prescribed by act Feb. 8, 1895 (section 241 et seq. of this title). The provisions of R.S. §§ 4233, 4412, and 4413 and regulations pursuant thereto were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal) by act Feb. 19, 1895. R.S. §§ 4412 and 4413 were classified to section 381 of former Title 46, Shipping. But thereafter the rules prescribed by R.S. § 4233, were further superseded as to navigation of all harbors, rivers, and inland waters except the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by the rules applying to all such waters other than the specific exceptions, of act June 7, 1897 (section 151 et seq. of this title). The rules prescribed by R.S. § 4233, therefore, remained in force only as to the navigation of the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries. See section 2001 et seq. of this title.

SUBCHAPTER I-PRELIMINARY

§§ 301 to 303. Repealed. Pub. L. 96-591, § 8(a), Dec. 24, 1980, 94 Stat. 3435

Section 301, R.S. § 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, § 1, 28 Stat. 645; Feb. 19,

1895, ch. 102, § 1, 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 8, 1953, ch. 386, § 2, 67 Stat. 497, made provision for the adoption of rules for navigation on the Red River of the North and rivers emptying into the Gulf of Mexico and tributaries. See section 2001 et seq. of this title.

Section 302, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1905, ch. 1457, § 10, 33 Stat. 1032; May 21, 1948, ch. 328, § 4, 62 Stat. 250, defined the terms "steam vessel", "under way", "visible", and "distinct blast". See section 2003 of this title.

Section 303, act Feb. 19, 1895, ch. 102, § 3, 28 Stat. 672, set penalties for violation by vessels. See section 2072 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

SUBCHAPTER II-RULES CONCERNING LIGHTS

§§ 311 to 323. Repealed. Pub. L. 96-591, § 8(a), Dec. 24, 1980, 94 Stat. 3435

Section 311, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250, related generally to the times during which rules for the display of lights were to be followed. See section 2020 of this title.

Section 312, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 14, 1958, Pub. L. 85-635, § 3, 72 Stat. 590, set out requirements for lights on vessels towing alongside or pushing a vessel or vessels. See section 2024 of this title.

Section 313, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 251, related to lights of vessels towing a vessel or vessels astern. See section 2024 of this title.

Section 314, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 251, relat. ed to lights of seagoing steam vessels under way. See section 2023 of this title.

Section 315, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 251, related to lights of river steamers. See section 2023 of this title.

Section 316, R.S. § 4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, § 4, 62 Stat. 251, related to requirements of additional lights and to requirements of lights on steam vessels not otherwise provided for. See section 2023 of this title.

Section 317, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 251, related to lights of sailing vessels under way and vessels being towed. See sections 2024 and 2025 of this title.

Section 318, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 251, related to lights of small vessels in bad weather. See sections 2020 and 2022 of this title.

Section 319, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Apr. 22, 1940, ch. 128, § 3, 54 Stat. 151; May 21, 1948, ch. 328, § 4, 62 Stat. 252; Aug. 14, 1958, Pub. L. 85-635, § 4, 72 Stat. 591, related to lights of overtaken vessels. See section 2022 of this title.

Section 320, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 5, 29 Stat. 689; May 21, 1948, ch. 328, § 4, 62 Stat. 252, related to lights of sailing and steam pilot vessels. See sections 2025 and 2029 of this title.

Section 321, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 252, related to lights on motorboats. See section 2023 of this title.

1

Section 322, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 252; Aug. 5, 1963, Pub. L. 88-84, § 3, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89-670, § 6(g)(1)(D), 80 Stat. 941, related to lights of vessels at anchor. See section 2030 of this title.

Section 323, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 253, related to lights on warships and Coast Guard cutters. See section 2001 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

SUBCHAPTER III-SOUND SIGNALS FOR FOG, ETC.

§ 331. Repealed. Pub. L. 96-591, § 8(a), Dec. 24, 1980, 94 Stat. 3435

Section, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 253; Aug. 5, 1963, Pub. L. 88-84, § 4, 77 Stat. 117, related to manner of giving signals for vessels under way, in fog or bad weather, or at anchor. See section 2035 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

SUBCHAPTER IV-STEERING AND
SAILING RULES

88 341 to 351. Repealed. Pub. L. 96-591, § 8(a), Dec. 24, 1980, 94 Stat. 3435

Section 341, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 253, related to rate of speed in fog or bad weather conditions. See sections 2006 and 2019 of this title.

Section 341a, R.S. § 4233; May 21, 1948, ch. 328, § 4, Stat. 254, related to ascertainment of risk of collision. See section 2007 of this title.

Section 342, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 26 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 253, related to situation in which sailing vessels were approaching one another. See section 2012 of this title.

Section 343, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 254, related to steam vessels meeting end on. See section 2014 of

this title.

Section 344, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 254, related to signals to be given in the situation where steam vessels are crossing. See sections 2015 and 2034 of this title.

Section 345, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 255; Nov. 5, 1966, Pub. L. 89-764, § 5, 80 Stat. 1313, related to steam vessels and sailing vessels meeting. See section 2018 of this title.

Section 346, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 255, related to duty of steam vessels to slacken speed. See sections 2006, 2017 of this title.

Section 347, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 255, related to duty of an overtaking vessel to keep out of the way. See section 2013 of this title.

Section 348, R.S. § 4233; Feb. 19, 1895, ch. 102, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 255, set out rule that a vessel having the right of way was to keep course. See section 2017 of this title.

Section 348a, R.S. § 4233, Rule 23(A), as added Pub. L. 89-764, § 6, Nov. 5, 1966, 80 Stat. 1313, related to rule that a steam vessel could not hamper safe passage of a large vessel or vessel in tow. See section 2018 of this title.

Section 349, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 255, related to danger signals, responding signals, and additional signals. See section 2032 et seq. of this title.

Section 350, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat 690; May 21 1948, ch. 328, § 4, 62 Stat. 256, related to departures from the rules to avoid collision. See sections 2008 and 2017 of this title.

Section 351, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 256, related to usual additional precautions required. See section 2002 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title.

SUBCHAPTER V-ORDERS

EFFECTIVE DATE OF REPEAL

SUBCHAPTER VI-MISCELLANEOUS

PROVISIONS

Section 361, act June 20, 1874, ch. 344, § 10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required filing of reports to Coast Guard on accidents involving United States vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46, Shipping. Section 362, act June 20, 1874, ch. 344, § 11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required reporting of probable loss of vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46.

Section 363, acts June 20, 1874, ch. 344, § 12, 18 Stat. 128; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to transmission of reports by Coast Guard officials to Commandant of Coast Guard.

Section 364, acts June 20, 1874, ch. 344, § 13, 18 Stat. 128; Mar. 3, 1897, ch. 389, § 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to remission and recovery of penalties. See section 2107 of Title 46.

Section 365, act Mar. 4, 1915, ch. 153, § 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to reports by owners of barges in tow. See section 6101 of Title 46.

Section 366, act Mar. 4, 1915, ch. 153, § 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required Commandant of Coast Guard to transmit annually to Congress a summary of reports transmitted to him by Coast Guard officials as required under sections 361 to 365 of this title. See section 6307 of Title 46.

Section 367, act Sept. 4, 1890, ch. 875, § 1, 26 Stat. 425, related to duty of master of a vessel in collision to give aid, and to give name of his vessel together with other information about his vessel. See sections 2303, 2304 of Title 46.

Section 368, act Sept. 4, 1890, ch. 875, § 2, 26 Stat. 425, set out penalties for failure to give aid as required by section 367 of this title. See sections 2303, 2304 of Title 46.

Act Sept. 4, 1890, ch. 875, § 3, 26 Stat. 425, which provided that sections 367 and 368 of this title were to take effect at a time to be fixed by President by proclamation (effective Dec. 15, 1890, by Presidential Proclamation of Nov. 18, 1890, 26 Stat. 1561), was repealed by Pub. L. 98-89, § 4(b), 97 Stat. 599.

Seizure and condemnation of vessels fitted out for piracy.

Commissioning private vessels for seizure of piratical vessels.

Duties of officers of customs and marshals as to seizure.

CROSS REFERENCES

Piracy and other offenses on the high seas, see section 1651 et seq. of Title 18, Crimes and Criminal Procedure.

§ 381. Use of public vessels to suppress piracy

The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. (R.S. § 4293.)

CODIFICATION

R.S. § 4293 derived from acts Mar. 3, 1819, ch. 77, § 1, 3 Stat. 510; Jan. 30, 1823, ch. 7, 3 Stat. 721.

§ 382. Seizure of piratical vessels generally

The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.

(R.S. § 4294.)

CODIFICATION

R.S. § 4294 derived from acts Mar. 3, 1819, ch. 77, § 2, 3 Stat. 512; Jan. 30, 1823, ch. 7, 3 Stat. 721.

§ 383. Resistance of pirates by merchant vessels

The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any 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.)

CODIFICATION

R.S. § 4295 derived from acts Mar. 3, 1819, ch. 77, § 3,

3 Stat. 513; Jan. 30, 1823, ch. 7, 3 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.)

CODIFICATION

R.S. § 4296 derived from 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.)

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.

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.

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.)

CODIFICATION

R.S. § 4298 derived from 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.

REFERENCES IN TEXT

CODIFICATION

TRANSFER OF FUNCTIONS