50 U.S.C. § 40 — Transferred

Page 21 TITLE 50—WAR AND NATIONAL DEFENSE § 42 such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. (R.S. § 4068.) Editorial Notes CODIFICATION R.S. § 4068 derived from acts July 6, 1798, ch. 66, § 1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781. § 23. Jurisdiction of United States courts and judges After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such procla- mation, or other regulations which the Presi- dent may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full ex- amination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. (R.S. § 4069.) Editorial Notes CODIFICATION R.S. § 4069 derived from act July 6, 1798, ch. 66, § 2, 1 Stat. 577. § 24. Duties of marshals When an alien enemy is required by the Presi- dent, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to exe- cute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the terri- tory of the United States; and for such removal the marshal shall have the warrant of the Presi- dent, or of the court, judge, or justice ordering the same, as the case may be. (R.S. § 4070.) Editorial Notes CODIFICATION R.S. § 4070 derived from act July 6, 1798, ch. 66, § 3, 1 Stat. 578. CHAPTER 4—ESPIONAGE §§ 31 to 39. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862 Section 31, acts June 15, 1917, ch. 30, title I, § 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, § 1, 54 Stat. 79, re- lated to unlawful obtaining or permitting to be ob- tained information affecting national defense. See sec- tion 793 of Title 18, Crimes and Criminal Procedure. Section 32, act June 15, 1917, ch. 30, title I, § 2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See section 794 of Title 18. Section 33, act June 15, 1917, ch. 30, title I, § 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See section 2388 of Title 18. Section 33 was amended by act May 16, 1918, ch. 75, § 1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359. Section 34, act June 15, 1917, ch. 30, title I, § 4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18. Section 35, acts June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18. Section 36, act June 15, 1917, ch. 30, title I, § 6, 40 Stat. 219, related to designation by proclamation of prohib- ited areas. See section 793 of Title 18. Section 37, act June 15, 1917, ch. 30, title I, § 8, 40 Stat. 219, related to places subject to provisions of sections 31 to 42 of this title. See section 2388 of Title 18. Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to jurisdiction of courts-martial and mili- tary commissions. Section 39, act June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas. See section 3241 of Title 18. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. § 40. Transferred Editorial Notes CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231, defined ‘‘United States’’ as used in act June 15, 1917, and was transferred to section 195 of this title. § 41. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862 Section, act June 15, 1917, ch. 30, title VIII, § 4, 40 Stat. 226, defined ‘‘Foreign government’’. See section 11 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note pre- ceding section 1 of Title 28, Judiciary and Judicial Pro- cedure. § 42. Transferred Editorial Notes CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231, related to savings provisions and is set out as a Separability note under section 195 of this title. Section was formerly classified to section 536 of Title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.