62 STAT.] 8OTH CONG. , 2D SESS.-CH. 235-APR . 27, 1948 vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise con- trolled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State. (e) The term "United States", when used in a geographical sense, "unitedStates. " includes the continental United States and the Territories and pos- sessions of the United States, other than the Canal Zone. SEC. 2. (a) It shall be unlawful for any citizen or resident of the Inlawful acts. United States, or any other person who is on an American vessel or is otherwise under or within the jurisdiction of the United States, directly or indirectly- (1) to set up, operate, or own or hold any interest in any gam- bling ship or any gambling establishment on any gambling ship; or (2) in pursuance of the operation of any gambling establish- ment on any gambling ship, to conduct or deal any gambling game, or to conduct or operate any gambling device, or to induce, entice, solicit, or permit any person to bet or play at any such establishment, if such gambling ship is on the high seas, or is an American vessel or otherwise under or within the jurisdiction of the United States, and is not within the jurisdiction of any State. (b) Whoever violates the provisions of subsection (a) shall, upon Violations. conviction, be imprisoned for not more than two years or fined not more than $10,000, or both. (c) Whoever, being (1) the owner of an American vessel, or (2) Forfeiture of vessel. the owner of any vessel under or within the jurisdiction of the United States, or (3) the owner of any vessel and being an American citizen, shall use, or knowingly permit the use of, such vessel in violation of any provision of this section shall, in addition to any other penalties provided by this Act, forfeit such vessel, together with her tackle, apparel, and furniture, to the United States. SEC. 3 . (a) It shall be unlawful to operate or use, or to permit the Tra;nportsatio of operation or use of, any vessel for the carriage or transportation, or "assengers for any part of the carriage or tranrsportation, either directly or indi- rectly, of any passengers, for hire or otherwise, between any point or place within the United States and any gambling ship which is not within the jurisdiction of any State. The provisions of this section shall not apply to any carriage or transportation to or from any vessel in case of any emergency involving the safety or protection of life or property. (b) The Secretary of the Treasury is hereby authorized to prescribe tios nd regula - such reasonable rules and regulations as may be necessary to enforce the provisions of this section and to prevent violations of such provi- sions. For the operation or use of any vessel in violation of the pro- Penalty. visions of this section or of any rule or regulation issued hereunder, the owner or charterer of such vessel shall be subject to a civil penalty of $200 for each passenger carried or transported in violation of such provisions, and the master or other person in charge of such vessel shall be subject to a civil penalty of $300. Such penalty shall con- stitute a lien on such vessel, and proceedings to enforce such lien may be brought summarily by way of libel in any court of the United States having jurisdiction thereof. The Secretary of the Treasury is hereby authorized to mitigate or remit any of the penalties provided by this section on such terms as he may deem proper. SEC. 4. Nothing in this Act shall be held to take away or impair the JcorTisctlon of jurisdiction of the courts of the several States under the laws thereof, 201
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