REGULATION OF AERONAUTICS

IN THE CANAL ZONE

[Provision in Act of October 18, 1962, 76A Stat. 1, 29 (Canal Zone

SEC.

Code)]

CHAPTER 51-AERONAUTICS

701. Air navigation; regulations. 702. Penalties for violation.

§ 701. Air navigation; regulations

The Government of the United States possesses, to the exclusion of all foreign nations, sovereign rights, power, and authority over the air space above the lands and waters of the Canal Zone. Until Congress otherwise provides, the President shall prescribe, and from time to time may amend, regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.

702. Penalties for violation

Whoever violates a regulation issued under section 701 of this title shall be fined not more than $500 or imprisoned in jail not more than one year, or both.

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AIRCRAFT CONFISCATION ACT

[Act of August 9, 1939, 53 Stat. 1291, as amended by Act of August 9, 1950, 64 Stat. 427;Act of October 31, 1951, 65 Stat. 729; and Act of August 1, 1956, 70 Stat. 911]

AN ACT

To provide for the seizure and forfeiture of vessels, vehicles, and aircraft used to transport narcotics, drugs, firearms and counterfeit coins, obligations, securities, and paraphernalia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

UNLAWFUL USE OF VESSELS, VEHICLES, AND AIRCRAFTS; CONTRABAND ARTICLE DEFINED

SEO. 1. [53 Stat. 1291, as amended by 64 Stat. 427, 49 U. S. C. 781] (a) It shall be unlawful (1) to transport, carry, or convey any contraband article, in, upon, or by means of any vessel, vehicle, or aircraft; (2) to conceal or possess any contraband article in or upon any vessel, vehicle, or aircraft; or upon the person of anyone in or upon any vessel, vehicle, or aircraft; or (3) to use any vessel, vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.

(b) As used in this section, the term "contraband article" means: (1) Any narcotic drug which has been or is possessed with intent to sell or offer for sale in violation of any laws or regulations of the United States dealing therewith; or which has been acquired or is possessed, sold, transferred, or offered for sale, in violation of any laws of the United States dealing therewith; or which has been acquired by theft, robbery, or burglary and carried or transported within any Territory, possession, or the District of Columbia, or from any State, Territory, possession, the District of Columbia, or the Canal Zone, to another State, Territory, possession, the District of Columbia, or the Canal Zone; or which does not bear appropriate tax-paid internalrevenue stamps as required by law or regulations;

(2) Any firearm, with respect to which there has been committed any violation of any provision of the National Firearms Act, as now or hereafter amended, or any regulation issued pursuant thereto; or (3) Any falsely made, forged, altered, or counterfeit coin or obligation or other security of the United States or of any foreign government; or any material or apparatus, or paraphernalia fitted or intended to be used, or which shall have been used, in the making of any such falsely made, forged, altered, or counterfeit coin or obligation or other security.

SEIZURE AND FORFEITURE

SEO. 2. [53 Stat. 1291, 49 U. S. C. 782] Any vessel, vehicle, or aircraft which has been or is being used in violation of any provision of

section 1, or in, upon, or by means of which any violation of section 1 has taken or is taking place, shall be seized and forfeited: Provided, That no vessel, vehicle, or aircraft used by any person as a common carrier in the transaction of business as such common carrier shall be forfeited under the provisions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, or aircraft, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, or aircraft shall be forfeited under the provisions of this Act by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, or aircraft was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State.

DESIGNATION OF OFFICERS BY SECRETARY OF TREASURY; DUTIES OF OFFICERS

SEO. 3. [58 Stat. 1292, 49 U. S. 0.783] The Secretary of the Treasury is empowered to authorize, or designate, officers, agents, or other persons to carry out the provisions of this Act. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever he shall discover any vessel, vehicle, or aircraft which has been or is being used in violation of any of the provisions of this Act, or in, upon, or by means of which any violation of this Act has taken or is taking place, to seize such vessel, or aircraft and to place it in the custody of such person as may be authorized or designated for that purpose by the Secretary of the Treasury, to await disposition pursuant to the provisions of this Act and any regulations issued hereunder.

APPLICATION OF RELATED LAWS

SEO. 4. [53 Stat. 1292, 49 U. S. C. 784] All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels and vehicles for violation of the customs laws; the disposition of such vessels and vehicles or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof: Provided, That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels and vehicles under the customs laws shall be performed with respect to seizures and forfeitures of vessels, vehicles, and aircraft under this Act by such officers, agents, or other persons as may be authorized or designated for that purpose by the Secretary of the Treasury.

AVAILABILITY OF APPROPRIATIONS

SEC. 5. [53 Stat. 1292, 49 U. S. C. 785] Any appropriation which has been or shall hereafter be made for the enforcement of the customs,

narcotics, counterfeiting, or internal-revenue laws, and the provisions of the National Firearms Act shall be available for the defraying of expenses of carrying out the provisions of this Act.

CONSTRUCTION WITH OTHER LAWS

SEC. 6. [53 Stat. 1292, 49 U. S. C. 786] The provisions of this Act shall be construed to be supplemental to, and not to impair in any way, existing provisions of law imposing fines, penalties, or forfeitures; or providing for the seizure, condemnation, or disposition of forfeited property or the proceeds thereof; or authorizing the remission or mitigation of fines, penalties, or forfeitures.

DEFINITIONS

SEO. 7. [53 Stat. 1292, as amended by Act of October 31, 1951, 65 Stat. 729,49 U.S. C.787] When used in this Act

(a) The term "vessel" includes every description of watercraft or other contrivance used, or capable of being used, as means of transportation in water, but does not include aircraft;

(b) The term "vehicle" includes every description of carriage or other contrivance used, or capable of being used, as means of transportation, below, or above the land, but does not include aircraft;

(c) The term "aircraft" includes every description of craft or carriage or other contrivance used, or capable of being used, as means of transportation through the air;

(d) The term "narcotic drug" means any narcotic drug, as now or hereafter defined by The Narcotic Drugs Import and Export Act, the internal-revenue laws or any amendments thereof, or the regulations issued thereunder; or marihuana as now or hereafter defined by the Marihuana Tax Act of 1937 or the regulations issued thereunder; (e) The term "firearm" means any firearm, as now or hereafter defined by the National Firearms Act, or any amendments thereof, or the regulations issued thereunder; and

(f) The words "obligation or other security of the United States" are used as now or hereafter defined in section 8 of Title 18.

RULES AND REGULATIONS

SEC. 8. [53 Stat. 1292, 49 U. S. C. 788] The Secretary of the Treasury shall prescribe such rules and regulations as may be necessary to carry out the provisions of this Act.

GUAM, ENFORCEMENT AND ADMINISTRATION OF ACT

SEC. 9. [Added by 70 Stat. 911, 49 U.S.C. 789]

(a) In Guam the enforcement and administration of this Act shall be performed by the Governor of Guam, acting through such officers of the Government of Guam as he may designate.

(b) The Governor of Guam is authorized to carry out the provisions of the related laws set forth in section 4 of this Act, with such modifications as he shall deem necessary to meet special conditions on Guam; and the Governor is further authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act on Guam.

STOWAWAYS

[Provisions in Title 18, United States Code, Act of June 25, 1948, 62 Stat. 802]

§ 2199. STOWAWAYS ON VESSELS OR AIRCRAFT

Whoever, without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; or

Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or

Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent

Shall be fined not more than $1,000 or imprisoned not more than one year, or both.

The word "aircraft" as used in this section includes any contrivance for navigation or flight in the air.

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