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voyages between the Philippine Islands and the United States, by Act July

1, 1902, c. 1369, $ 84, ante, $ 3905. § 8037. (R. S. § 4291.) Mode of making entries.

Every entry hereby required to be made in the official log-book shall be signed by the master and by the mate, or some other one of the crew, and every entry in the official log-book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence, and of the entry respecting it; and in no case shall any entry therein, in respect of any occurrence happening previously to the arrival of the vessel at her final port, be made more than twenty-four hours after such arrival.

Act June 7, 1872, c. 322, $ 59, 17 Stat. 276. § 8038. (R. S. § 4292.) Penalty for omitting entries.

If in any case the official log-book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such logbook is not made at the time and in the manner hereby directed, the master shall, for each such offense, be liable to a penalty of not more than twenty-five dollars; and every person who makes, or procures to be made, or assists in making, any entry in any official log-book in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge, more than twenty-four hours after such arrival, shall, for each offense, be liable to a penalty of not more than one hundred and fifty dollars.

Act June 7, 1872, c. 322, $ 60, 17 Stat. 276.

CHAPTER EIGHT Regulations for the Suppression of Piracy Sec.

Sec. 8039. Public vessels to suppress piracy. 8043. Seizure of vessels fitted out for 8040. Seizure of piratical vessels.

piracy. 8041. Merchant-vessels may resist pi. 8044. What vessels may be authorized rates.

to seize pirates. 8042. Condemnation of piratical ves- 8045. Duties of officers of customs and sels.

marshals. § 8039. (R. S. § 4293.) Public vessels to suppress piracy.

The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchantvessels of the United States and their crews from piratical aggressions and depredations.

Act March 3, 1819, c. 77, § 1, 3 Stat. 510. Act Jan. 30, 1823, c. 7, 3 Stat. 721. § 8040. (R. S. § 4294.) Seizure of piratical vessels.

The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any

vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.

Act March 3, 1819, c. 77, 8 2, 3 Stat. 512. Act Jan. 30, 1823, c, 7, 3 Stat. 721. § 8041. (R. S. § 4295.) Merchant-vessels may resist pirates.

The commander and crew of any merchant-vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.

Act March 3, 1819, c. 77, $ 3, 3 Stat. 513. Act Jan. 30, 1823, c. 7, 3 Stat.

721. § 8042. (R. S. § 4296.) Condemnation of piratical vessels.

Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion.

Act March 3, 1819, c. 77, § 4, 3 Stat. 513. Act Jan. 30, 1823, c. 7, 3 Stat.

721. Act Aug. 5, 1861, c. 48, § 1, 12 Stat. 314. § 8043. (R. S. § 4297.) Seizure of vessels fitted out for piracy.

Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the COMP.ST.'13-224

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use of the United States and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States.

Act Aug. 5, 1861, c. 48, § 1, 12 Stat. 314. § 8044. (R. S. § 4298.) What vessels may be authorized to seize

pirates. The President is authorized to instruct the commanders of the public arined vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders 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.

Act Aug. 5, 1861, c. 48, § 2, 12 Stat. 315. § 8045. (R. S. § 4299.) Duties of officers of customs and marshals.

The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section forty-two hundred 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.

Act Aug. 5, 1861, c. 48, § 3, 12 Stat. 315.

The punishment of the crime of piracy and other offenses connected therewith was provided for by R. S. 88 5368–5376, 5383, 5384, which were incorporated into the Criminal Code in sections 290_310 thereof, post, 88 10463– 10483, and were repealed by section 341 thereof, post, g 10515.

Provisions for the suppression of the slave trade were made by R. S. 88 5551-5569, and for the punishment of offenses connected therewith, by R. S. 88 5375–5382, which were incorporated into the Criminal Code in sections 246–271 thereof, post, 8810419–10444, and were repealed by section 341 thereof, post, $ 10515.

CHAPTER NINE Summary Trials for Certain Offenses Against Naviga

tion Laws Sec.

Sec. 8046. When summary trials may be 8049. Challenges to jurors. had.

8050. Limit of sentences. 8047. Complaint and answer.

8051. Recovery of penalties and for. 8048. Amendments and adjournments.

feitures under navigation laws.

§ 8046. (R. S. § 4300.) When summary trials may be had.

Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the district attorney to investigate the same, and the general nature thereof, and if, in his opinion, the

case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, 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.

Act June 11, 1864, c. 121, $ 2, 13 Stat. 124. The district courts were given jurisdiction of all crimes and offenses, not capital, committed upon the high seas, by R. S. 563. Said R. S. & 563, was repealed by section 297 of the Judicial Code, ante, & 1274, and section 24 of said Judicial Code, ante, $ 991 (2), conferred on the district courts jurisdiction of all crimes and offenses cognizable under the authority of the United States.

The provisions of this chapter were made applicable to the trial of offenses against the act for the protection of submarine cables, Act Feb. 29, 1888, c.

17, by section 11 thereof, post, $ 10097. § 8047. (R. S. § 4301.) Complaint and answer.

At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting 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 by 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.

Act June 11, 1864, c. 121, $$ 3, 4, 13 Stat. 125. § 8048. (R. S. § 4302.) Amendments and adjournments.

It shall be lawful for the court to allow the district attorney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work 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 justice, such adjournment shall be made, until a further day, to be fixed by the court.

Act June 11, 1864, c. 121, § 6, 13 Stat. 125. § 8049. (R. S. § 4303.) Challenges to jurors.

At the trial in summary cases, if by jury, the United States and the accused shall each bé entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers.

Act June 11, 1864, c. 121, 87, 13 Stat. 125. The number of challenges to which the United States and the accused were to be entitled on the trial of criminal charges was fixed by R. S. § 819, which was incorporated into the Judicial Code in section 287 thereof, ante, & 1264,

and was repealed by section 297 thereof, ante, $ 1274. § 8050. (R. S. § 4304.) Limit of sentences.

It shall not be lawful for the court to sentence any person convicted in such trial to any greater punishment than imprisonment in jail

for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine.

Act June 11, 1864, c. 121, § 5, 13 Stat. 125. § 8051. (R. S. § 4305.) Recovery of penalties and forfeitures under

navigation laws. All the penalties and forfeitures which may be incurred for offenses against this Title may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed.

Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298.
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