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US (United States) Code. Title 50. Chapter 13: Insurrection

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-CITE-

50 USC CHAPTER 13 - INSURRECTION 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

-HEAD-

CHAPTER 13 - INSURRECTION

-MISC1-

Sec.

201 to 204. Repealed.

205. Suspension of commercial intercourse with State in

insurrection.

206. Suspension of commercial intercourse with part of

State in insurrection.

207. Persons affected by suspension of commercial

intercourse.

208. Licensing or permitting commercial intercourse with

State or region in insurrection.

209. Repealed.

210. Penalties for unauthorized trading, etc.; jurisdiction

of prosecutions.

211. Investigations to detect and prevent frauds and

abuses.

212. Confiscation of property employed to aid insurrection.

213. Jurisdiction of confiscation proceedings.

214. Repealed.

215. Institution of confiscation proceedings.

216. Preventing transportation of goods to aid

insurrection.

217. Trading in captured or abandoned property.

218. Repealed.

219. Removal of customhouse and detention of vessels

thereat.

220. Enforcement of section 219.

221. Closing ports of entry; forfeiture of vessels seeking

to enter closed port.

222. Transferred.

223. Forfeiture of vessels owned by citizens of

insurrectionary States.

224. Refusing clearance to vessels with suspected cargoes;

forfeiture for departing without clearance.

225. Bond to deliver cargo at destination named in

clearance.

226. Protection of liens on condemned vessels.

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50 USC Secs. 201 to 204 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Secs. 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 201, R.S. Sec. 5297, provided for Federal aid for State

Governments in case of an insurrection in any State. See section

331 of Title 10, Armed Forces.

Section 202, R.S. Sec. 5298, related to use of military and naval

forces to enforce authority of Federal Government. See section 332

of Title 10.

Section 203, R.S. Sec. 5299, related to denial by State of equal

protection of laws and authorized the President to take measures

for the suppression of any insurrection, domestic violence, or

combinations. See section 333 of Title 10.

Section 204, R.S. Sec. 5300, authorized the President to issue a

proclamation commanding insurgents to disperse. See section 334 of

Title 10.

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50 USC Sec. 205 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

-HEAD-

Sec. 205. Suspension of commercial intercourse with State in

insurrection

-STATUTE-

Whenever the President, in pursuance of the provisions of this

chapter, has called forth the militia to suppress combinations

against the laws of the United States, and to cause the laws to be

duly executed, and the insurgents shall have failed to disperse by

the time directed by the President, and when the insurgents claim

to act under the authority of any State or States, and such claim

is not disclaimed or repudiated by the persons exercising the

functions of government in such State or States, or in the part or

parts thereof in which such combination exists, and such

insurrection is not suppressed by such State or States, or whenever

the inhabitants of any State or part thereof are at any time found

by the President to be in insurrection against the United States,

the President may, by proclamation, declare that the inhabitants of

such State, or of any section or part thereof where such

insurrection exists, are in a state of insurrection against the

United States; and thereupon all commercial intercourse by and

between the same and the citizens thereof and the citizens of the

rest of the United States shall cease and be unlawful so long as

such condition of hostility shall continue; and all goods and

chattels, wares and merchandise, coming from such State or section

into the other parts of the United States, or proceeding from other

parts of the United States to such State or section, by land or

water, shall, together with the vessel or vehicle conveying the

same, or conveying persons to or from such State or section, be

forfeited to the United States.

-SOURCE-

(R.S. Sec. 5301.)

-COD-

CODIFICATION

R.S. Sec. 5301 derived from acts July 13, 1861, ch. 3, Sec. 5, 12

Stat. 257; July 31, 1861, ch. 32, 12 Stat. 284.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 223 of this title.

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50 USC Sec. 206 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 206. Suspension of commercial intercourse with part of State

in insurrection

-STATUTE-

Whenever any part of a State not declared to be in insurrection

is under the control of insurgents, or is in dangerous proximity to

places under their control, all commercial intercourse therein and

therewith shall be subject to the prohibitions and conditions of

section 205 of this title for such time and to such extent as shall

become necessary to protect the public interests, and be directed

by the Secretary of the Treasury, with the approval of the

President.

-SOURCE-

(R.S. Sec. 5302.)

-COD-

CODIFICATION

R.S. Sec. 5302 derived from act July 2, 1864, ch. 225, Sec. 5, 13

Stat. 376.

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50 USC Sec. 207 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 207. Persons affected by suspension of commercial intercourse

-STATUTE-

The provisions of this chapter in relation to commercial

intercourse shall apply to all commercial intercourse by and

between persons residing or being within districts within the lines

of national military occupation in the States or parts of States

declared in insurrection, whether with each other or with persons

residing or being within districts declared in insurrection and not

within those lines; and all persons within the United States, not

native or naturalized citizens thereof, shall be subject to the

same prohibitions, in all commercial intercourse with inhabitants

of States or parts of States declared in insurrection, as citizens

of States not declared to be in insurrection.

-SOURCE-

(R.S. Sec. 5303.)

-COD-

CODIFICATION

R.S. Sec. 5303 derived from act July 2, 1864, ch. 225, Sec. 4, 13

Stat. 376.

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50 USC Sec. 208 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 208. Licensing or permitting commercial intercourse with State

or region in insurrection

-STATUTE-

The President may, in his discretion, license and permit

commercial intercourse with any part of such State or section, the

inhabitants of which are so declared in a state of insurrection, so

far as may be necessary to authorize supplying the necessities of

loyal persons residing in insurrectionary States, within the lines

of actual occupation by the military forces of the United States,

as indicated by published order of the commanding general of the

department or district so occupied; and, also, so far as may be

necessary to authorize persons residing within such lines to bring

or send to market in the loyal States any products which they shall

have produced with their own labor or the labor of freedmen, or

others employed and paid by them, pursuant to rules relating

thereto, which may be established under proper authority. And no

goods, wares, or merchandise shall be taken into a State declared

in insurrection, or transported therein, except to and from such

places and to such monthly amounts as shall have been previously

agreed upon, in writing, by the commanding general of the

department in which such places are situated, and an officer

designated by the Secretary of the Treasury for that purpose. Such

commercial intercourse shall be in such articles and for such time

and by such persons as the President, in his discretion, may think

most conducive to the public interest; and, so far as by him

licensed, shall be conducted and carried on only in pursuance of

rules and regulations prescribed by the Secretary of the Treasury.

-SOURCE-

(R.S. Sec. 5304.)

-COD-

CODIFICATION

R.S. Sec. 5304 derived from acts July 13, 1861, ch. 3, Sec. 5, 12

Stat. 257; July 2, 1864, ch. 225, Sec. 9, 13 Stat. 377.

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50 USC Sec. 209 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 209. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 632

-MISC1-

Section, R.S. Sec. 5305, related to appointment of officers to

carry into effect licenses to trade in State or region in an

insurrection.

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50 USC Sec. 210 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 210. Penalties for unauthorized trading, etc.; jurisdiction of

prosecutions

-STATUTE-

Every officer of the United States, civil, military, or naval,

and every sutler, soldier, marine, or other person, who takes, or

causes to be taken into a State declared to be in insurrection, or

to any other point to be thence taken into such State, or who

transports or sells, or otherwise disposes of therein, any goods,

wares, or merchandise whatsoever, except in pursuance of license

and authority of the President, as provided in this chapter, or who

makes any false statement or representation upon which license and

authority is granted for such transportation, sale, or other

disposition, or who, under any license or authority obtained,

willfully and knowingly transports, sells, or otherwise disposes of

any other goods, wares, or merchandise than such as are in good

faith so licensed and authorized, or who willfully and knowingly

transports, sells, or disposes of the same, or any portion thereof,

in violation of the terms of such license or authority, or of any

rule or regulation prescribed by the Secretary of the Treasury

concerning the same, or who is guilty of any act of embezzlement,

of willful misappropriation of public or private money or property,

of keeping false accounts, or of willfully making any false

returns, shall be deemed guilty of a misdemeanor, and shall be

fined not more than $5,000, and imprisoned in the penitentiary not

more than three years. Violations of this section shall be

cognizable before any court, civil or military, competent to try

the same.

-SOURCE-

(R.S. Sec. 5306.)

-COD-

CODIFICATION

R.S. Sec. 5306 derived from act July 2, 1864, ch. 225, Sec. 10,

13 Stat. 377.

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50 USC Sec. 211 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 211. Investigations to detect and prevent frauds and abuses

-STATUTE-

It shall be the duty of the Secretary of the Treasury, from time

to time, to institute such investigations as may be necessary to

detect and prevent frauds and abuses in any trade or transactions

which may be licensed between inhabitants of loyal States and of

States in insurrection. And the agents making such investigations

shall have power to compel the attendance of witnesses, and to make

examinations on oath.

-SOURCE-

(R.S. Sec. 5307.)

-COD-

CODIFICATION

R.S. Sec. 5307 derived from act July 2, 1864, ch. 225, Sec. 10,

13 Stat. 377.

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50 USC Sec. 212 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 212. Confiscation of property employed to aid insurrection

-STATUTE-

Whenever during any insurrection against the Government of the

United States, after the President shall have declared by

proclamation that the laws of the United States are opposed, and

the execution thereof obstructed, by combinations too powerful to

be suppressed by the ordinary course of judicial proceedings, or by

the power vested in the marshals by law, any person, or his agent,

attorney, or employee, purchases or acquires, sells or gives, any

property of whatsoever kind or description, with intent to use or

employ the same, or suffers the same to be used or employed in

aiding, abetting, or promoting such insurrection or resistance to

the laws, or any person engaged therein; or being the owner of any

such property, knowingly uses or employs, or consents to such use

or employment of the same, all such property shall be lawful

subject of prize and capture wherever found; and it shall be the

duty of the President to cause the same to be seized, confiscated,

and condemned.

-SOURCE-

(R.S. Sec. 5308.)

-COD-

CODIFICATION

R.S. Sec. 5308 derived from act Aug. 6, 1861, ch. 60, Sec. 1, 12

Stat. 319.

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50 USC Sec. 213 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 213. Jurisdiction of confiscation proceedings

-STATUTE-

Such prizes and capture shall be condemned in the district court

of the United States having jurisdiction of the amount, or in

admiralty in any district in which the same may be seized, or into

which they may be taken and proceedings first instituted.

-SOURCE-

(R.S. Sec. 5309; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 253; Mar.

3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.)

-COD-

CODIFICATION

R.S. Sec. 5309 derived derived from act Aug. 6, 1861, ch. 60,

Sec. 2, 12 Stat. 319.

Act Mar. 3, 1911, conferred the powers and duties of the former

circuit courts upon the district courts.

-MISC1-

AMENDMENTS

1877 - Act Feb. 27, 1877, inserted "may" after "any district in

which the same".

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50 USC Sec. 214 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 214. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, R.S. Sec. 5310, provided that property taken on inland

waters of the United States was not a maritime prize. See section

7651 of Title 10, Armed Forces.

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50 USC Sec. 215 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 215. Institution of confiscation proceedings

-STATUTE-

The Attorney General, or the United States attorney for any

judicial district in which such property may at the time be, may

institute the proceedings of condemnation, and in such case they

shall be wholly for the benefit of the United States; or any person

may file an information with such attorney, in which case the

proceedings shall be for the use of such informer and the United

States in equal parts.

-SOURCE-

(R.S. Sec. 5311; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)

-COD-

CODIFICATION

R.S. Sec. 5311 derived from act Aug. 6, 1861, ch. 60, Sec. 3, 12

Stat. 319.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "attorney of the United States". See section 541 of

Title 28, Judiciary and Judicial Procedure, and Historical and

Revision Notes thereunder.

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50 USC Sec. 216 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 216. Preventing transportation of goods to aid insurrection

-STATUTE-

The Secretary of the Treasury is authorized to prohibit and

prevent the transportation in any vessel, or upon any railroad,

turnpike, or other road or means of transportation within the

United States, of any property, whatever may be the ostensible

destination of the same, in all cases where there are satisfactory

reasons to believe that such property is intended for any place in

the possession or under the control of insurgents against the

United States, or that there is imminent danger that such property

will fall into the possession or under the control of such

insurgents; and he is further authorized, in all cases where he

deems it expedient so to do, to require reasonable security to be

given that property shall not be transported to any place under

insurrectionary control, and shall not, in any way, be used to give

aid or comfort to such insurgents; and he may establish all such

general or special regulations as may be necessary or proper to

carry into effect the purposes of this section; and if any property

is transported in violation of this chapter, or of any regulation

of the Secretary of the Treasury, established in pursuance thereof,

or if any attempt shall be made so to transport any, it shall be

forfeited.

-SOURCE-

(R.S. Sec. 5312.)

-COD-

CODIFICATION

R.S. Sec. 5312 derived from act May 20, 1862, ch. 81, Sec. 3, 12

Stat. 404.

-End-

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50 USC Sec. 217 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 217. Trading in captured or abandoned property

-STATUTE-

All persons in the military or naval service of the United States

are prohibited from buying or selling, trading, or in any way

dealing in captured or abandoned property, whereby they shall

receive or expect any profit, benefit, or advantage to themselves,

or any other person, directly or indirectly connected with them;

and it shall be the duty of such person whenever such property

comes into his possession or custody, or within his control, to

give notice thereof to some agent, appointed by virtue of this

chapter, and to turn the same over to such agent without delay. Any

officer of the United States, civil, military, or naval, or any

sutler, soldier, or marine, or other person who shall violate any

provision of this section, shall be deemed guilty of a misdemeanor,

and shall be fined not more than $5,000, and imprisoned in the

penitentiary not more than three years. Violations of this section

shall be cognizable before any court, civil or military, competent

to try the same.

-SOURCE-

(R.S. Sec. 5313.)

-COD-

CODIFICATION

R.S. Sec. 5313 derived from act July 2, 1864, ch. 225, Sec. 10,

13 Stat. 377.

-End-

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50 USC Sec. 218 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

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Sec. 218. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 632

-MISC1-

Section, R.S. Sec. 5314; act Mar. 2, 1929, ch. 510, Sec. 1, 45

Stat. 1496, related to authority of President in collection of

duties to change ports of entry in case of insurrection.

-End-

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50 USC Sec. 219 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

-HEAD-

Sec. 219. Removal of customhouse and detention of vessels thereat

-STATUTE-

Whenever, at any port of entry, the duties on imports cannot, in

the judgment of the President, be collected in the ordinary way, or

by the course provided in section 218 (!1) of this title, by reason

of the cause mentioned in said section, he may direct that the

customhouse for the district be established in any secure place

within the district, either on land or on board any vessel in the

district, or at sea near the coast; and in such case the collector

shall reside at such place, or on shipboard, as the case may be,

and there detain all vessels and cargoes arriving within or

approaching the district, until the duties imposed by law on such

vessels and their cargoes are paid in cash. But if the owner or

consignee of the cargo on board any vessel thus detained, or the

master of the vessel, desires to enter a port of entry in any other

district where no such obstructions to the execution of the laws

exist, the master may be permitted so to change the destination of

the vessel and cargo in his manifest; whereupon the collector shall

deliver him a written permit to proceed to the port so designated.

And the Secretary of the Treasury, with the approval of the

President, shall make proper regulations for the enforcement on

shipboard of such provisions of the laws regulating the assessment

and collection of duties as in his judgment may be necessary and

practicable.

-SOURCE-

(R.S. Sec. 5315.)

-REFTEXT-

REFERENCES IN TEXT

Section 218 of this title, referred to in text, was repealed by

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632.

-COD-

CODIFICATION

R.S. Sec. 5315 derived from acts July 13, 1861, ch. 3, Sec. 2, 12

Stat. 256; Mar. 3, 1875, ch. 136, Sec. 2, 18 Stat. 469.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise of the 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 Dec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 220, 221 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

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50 USC Sec. 220 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 13 - INSURRECTION

-HEAD-

Sec. 220. Enforcement of section 219

-STATUTE-

It shall be unlawful to take any vessel or cargo detained under

section 219 of this title from the custody of the proper officers

of the customs, unless by process of some court of the United

States; and in case of any attempt otherwise to take such vessel or

cargo by any force, or combination, or assemblage of persons, too

great to be overcome by the officers of the customs, the President,

or such person as he shall have empowered for that purpose, may

employ such part of the Army or Navy or militia of the United

States, or such force of citizen volunteers as may be necessary, to

prevent the removal of such vessel or cargo, and to protect the

officers of the customs in retaining the custody thereof.

-SOURCE-

(R.S. Sec. 5316.)

-COD-

CODIFICATION

R.S. Sec. 5316 derived from act July 12, 1861, ch. 3, Sec. 3, 12

Stat. 256.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise of Bureau of