Page:United States Statutes at Large Volume 18 Part 1.djvu/902

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830 Tina xLvm.—COMMER.CE AND NAVlGATION.——Ch. 8—9. 5 Aus-,1861, ¢- any letters of marque and reprisal granted by Congress, or the com. `*8·”· 2»"·12· 1’· 315- manders 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 the preceding section. Dui1W0f 0111<>¤1‘¤ Sec. 4299. The collectors of the several ports of entry, the surveyors 0f °‘,;“j°m“ ““d of the several ports of delivery, and the marshals of the several judicial

 districts within the United States, shall seize any vessel or boat builté

Ibido B- 3- purchased, fitted out, or held as mentioned in section forty-two hundre and ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. CHAPTER NINE. SUIIARY TRIALS FOR CERTAIN OFFRNSES AGAINST NAVIGA- TION LAWS. Sec. Sec. 4300. When summary trials may be had. 1 4304. Limit of sentences. 4301. Complaint and answer.4305. Recovery of penalties and forfeit- 4302. Amendments and adjournments. ures under navigation laws. 4303. Challenges to jurors. _Wh€¤ ¤¤¤¤¤§R’ Sec. 4300. Whenever a complaint shall be made against any master,

  • ““1” m"Y be h · officer, or seaman of any vessel belonging, in whole or in part, to any

11 June, 1864,c. citizen of the United States, of the commission of an offense, not cap- 121, S- 2, V- 13, P· ital or otherwise infamous, against any law of the Uiiited States ma e 124* for the protection of persons or property engaged in commerce or navigation, it shall he the duty of the district attorney to investigate the same, and the eneral nature thereof, and if, in his opinion, the case is such as should Te summarily tried, he shall report the same to the district judge, and the jud e shall forthwith, or as soon as the ordinary business of the court wilgpermit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term-time or vacation. [Sw S 568-1 Complaint and Sec. 4301. At the summary trial of offenses against the laws for the ““““'°’· protection of persons or property engaged in commerce or navigation, Ibid.,ss. 3,4, p. it shall not be necessary that the accused shall have been previouslv 125~ indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, settin out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same or make a counter-statement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided b the court unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty. m·gg'é;“’(;1‘:I£‘:If6Q1€S“ Sec. 4302. It shall be lawful for the court to allow the district attorney _.i..ll to amend his statement of complaint at any stage of the proceedings, 11 ·1¤¤¢, 1864, <>· before verdict, if, in the opinion of the court, such amendment will work jgé “· 6· V' 13* p' no injustice to the accused; and if it appears to the court that the accused ` is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of jlpstice, such adjournment shall be Ch H t made, until a further day, to be fixed y the court. juror: eng" ° Sec. 4303. At the tr1a ID summary cases, if by jury, the United Staf»GS 1%-——7—— and the accused shall each be entitled to three peremptory challenges ‘ ·· “· · Challenges for cause, in such cases, shall be trie by the court without the aid of triers. [susan.]