of Willamette, such vessel shall enter at Astoria and discharge such portion of her cargo as is destined for that place, whereupon the collector shall cause her hatches to be closed and sealed, and shall then permit her to proceed to Portland in charge of a customs officer. [R. S.]

Act of June 14, 1870, ch. 127, 16 Stat. L. 151.

Sec. 2791. [Public vessels need not enter.] It shall not be necessary for the master of any vessel of war, or of any vessel employed by any prince, or state, as a public packet for the conveyance of letters and dispatches, and not permitted by the laws of such prince or state to be employed in the transportation of merchandise, in the way of trade, to make report and entry. [R. S.]

Act of March 2, 1799, ch. 22, 1 Stat. L. 651. Privateers. - This section extends as well to privateers as to national ships. The Brig Wilson v. U. S., (1820) 1 Brock. (U. S.) 423, 30 Fed. Cas. No. 17,846.

Carrying mails. The postmaster-general has no power to allow foreign steam packets to carry letters coastwise, even though he judge it expedient for them to do so. (1842) 4 Op. Atty.-Gen. 3.

Sec. 2792. [Ferry-boats need not enter.] Vessels used exclusively as ferryboats carrying passengers, baggage, and merchandise, shall not be required to enter and clear, nor shall the masters of such vessels be required to present manifests, or to pay entrance or clearance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be required to report such baggage and merchandise to the proper officer of the customs according to law. [R. S.]

Act of June 4, 1872, ch. 280, 17 Stat. L. 214.

Sec. 2793. [Enrolled or licensed vessels.] Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern and northwestern frontiers of the United States, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports, shall not thereby become liable to the payment of entry and clearance fees, or tonnage tax, as if from or to foreign ports; but such vessels shall, notwithstanding, be required to enter and clear. [R. S.]

Act of Feb. 10, 1871, Res. 27, 16 Stat. L. 595.

[III. SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS.]

Sec. 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. [R. S.] title 48 of the Revised Statutes, entitled as above,

Act of June 11, 1864, ch. 121, 13 Stat. L. 124.

Sections 4300-4305 constitute chapter 9 of

Sec. 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. [R. S.]

Act of June 11, 1864, ch. 121, 13 Stat. L. 125.

Oath, before whom taken. - In the case of a summary complaint for an offense on the high seas the oath must be taken before the court or judge, or perhaps the clerk, or before some commissioner, who, in the absence of the judge, may be applied to for a warrant or a summons. An affidavit taken before the deputy clerk acting not as clerk, but as notary, is not sufficient. U. S. v. Smith, (1883) 17 Fed. Rep. 510.

Want of due verification. These summary proceedings are put by the statute substantially on the footing of civil cases, and in the practice under it, it is not usual to issue warrants of arrest or any process. Complaint is filed, the accused appears, and the case proceeds. A want of due verification of the complaint, if not waived by defendant's appearance, is no ground for arrest of judgment, for, the error is amendable at

any time before verdict. U. S. v. Smith, (1883) 17 Fed. Rep. 510.

Trial by court or jury. "The district judges who have sat here since this law was first passed in June, 1864, have had very grave doubts of the constitutionality of that part of section 4301 which provides for a trial by the court; and it has been usual to try all contested cases by jury. It has been considered that the law is valid, excepting as to the mode of trial, and up to this time no question has been made about it." Per Lowell, C. J., In re Smith, (1882) 13 Fed. Rep. 25. See also U. S. v. Smith, (1883) 17 Fed. Rep. 510.

On a complaint under R. S. sec. 4300, where the prisoner being called upon to plead stands. mute by advice of counsel, and the district judge enters the plea of not guilty, he may properly order the issue to be tried by a jury. In re Smith, (1882) 13 Fed. Rep. 25.,

Sec. 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. [R. S.]

Act of June 11, 1864, ch. 121, 13 Stat. L. 125.
See note to section 4301, supra.

Sec. 4303. [Challenges to jurors.] At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. [R. S.]

Act of June 11, 1864, ch. 121, 13 Stat. L. 125.

Sec. 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. [R. S.]

Act of June 11, 1864, ch. 121, 13 Stat. L. 125.

Sec. 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. [R. S.]

Act of Dec. 31, 1792, ch. 1, 1 Stat. L. 298. The title of the Revised Statutes here referred to is title 48, which includes R. S. secs. 4131-4305. See note under section 4131.

Procedure to recover penalties, etc. It was the opinion of Attorney-General Berrien, given Nov. 1, 1830, that the penalties and forfeitures incurred for offenses against the navigation Acts of Dec. 31, 1792, and of Feb. 18, 1793, incorporated into titles 48 and 50 of the Revised Statutes, might be

sued for, recovered, and disposed of in the manner provided in the duty Act of Aug. 4, 1790, notwithstanding its repeal. (1830) 2 Op. Atty. Gen. 392.

Trial by court. In seizures on waters navigable from the sea by vessels of ten tons burden and upwards the trial is to be by the court and not by a jury under the provisions of the Revenue Act of Aug. 4, 1790, ch. 35, sec. 67, and the Judiciary Act of 1789. The Margaret, (1824) 9 Wheat. (U. S.) 421.

[IV. REGULATION OF VESSELS IN FOREIGN COMMERCE.]

Sec. 4306. [Passports of United States vessels on departure to foreign country.] Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to such passport, the master of every such vessel shall be bound, with sufficient sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within eighteen months, if at a more distant place. [R. S.]

Sec. 4307. [Penalty for departing without passport.] If any vessel of the United States shall depart therefrom, and shall be bound to any foreign country, other than to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred dollars for every such offense. [R. S.]

Act of June 1, 1796, ch. 45, 1 Stat. L. 490.

Sec. 4308. [Passports of unregistered vessels.] Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States. [R. S.]

Act of March 2, 1803, ch. 16, 2 Stat. L. 208.
See note under section 4306, supra.

Sec. 4309. [Deposit of ship's papers with consul.] Every master of a vessel, belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sea-letter, and Mediterranean passport with the consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at such port; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers. [R. S.]

Act of Feb. 28, 1803, ch. 9, 2 Stat. L. 203. Retention of papers by consuls to enforce payment of fees. See DIPLOMATIC AND CONSULAR OFFICERS, vol. 2, p. 800.

Several ports of arrival. This provision of law requires that at every foreign port where the designated officer is to be found, the master, on his arrival, is obliged to deposit with him the ship's papers. Every additional port subsequent to the first to which he may proceed in the course of the voyage is an arrival at a foreign port by him. The case is within the letter of the Act, and the same reasons which would call for the ship's papers at the first port at which he might arrive would be alike applicable on her arrival at any other port. Gould v. Staples, (1881) 9 Fed. Rep. 159.

Nearest port. Where the United States consul is represented by a consular agent at a port nearest that at which the vessel arrives the ship's papers must be deposited with him under this section. Gould v. Staples, (1881) 9 Fed. Rep. 159.

Fishing vessels. The masters of fishing vessels enrolled but not registered are not required by R. S. secs. 4309 and 4310 to deposit their ship's papers with the United States consul when they arrive at a foreign port where there is such an officer. (1895) 21 Op. Atty.-Gen. 190.

Ferryboats. The provisions of the Act of Feb. 28, 1803, 'sec. 2, incorporated into this section, in reference to the deposit of ship's papers with American consuls, apply to American steam ferryboats running between Detroit and Windsor, Canada, west. (1865) 11 Op. Atty.-Gen. 237.

Regular trips on Great Lakes. - Masters of American vessels running regularly by weekly or monthly trips to or between ports in the British North American provinces where consular officers of the United States are stationed, are required, on arriving at such ports, to deposit the ship's papers with the American consul. (1866) 11 Op. Atty.-Gen.

72.

"Arrival" defined. -"The term 'arrival,' as used in this Act, must be construed according to the subject-matter, to the object of the provision and the expressions in other sections of this Act and in other like Acts;

and that, according to all these, a vessel putting into a foreign port to get information, and getting it without going at all to the upper harbor or wharfs, and not entering, or repairing, or breaking bulk, or discharging seamen, or being bound homeward so as to take seamen, or needing the aid of a consul in any respect, but leaving the port in a few hours, not doing any of these nor being required to, and duly entering and delivering her cargo at a neighboring port where it had been sold, and there depositing her papers with the vice-consul, cannot be said to have arrived at the first port so as to come within the spirit of the penal provision as to depositing her papers with the consul." Harrison v. Vose, (1850) 9 How. (U. S.) 372. To the same effect Toler v. White, (1834) 1 Ware (U. S.) 280, 24 Fed. Cas. No. 14,079; (1853) 6 Op. Atty. Gen. 163; (1845) 4 Op. Atty.-Gen. 390.

When a vessel goes to the port for the purposes of trade to deliver or take in the whole or part of her cargo, or when she remains for so long a time that by the laws of the country she is compelled to enter at the custom house, then she has arrived within the meaning of the law, and is subject to its provisions. (1858) 9 Op. Atty. Gen. 256.

If an American vessel is obliged by the law or usage prevailing at a foreign port to effect an entry, and she does enter comformably to the local law or usage, her coming to such foreign port amounts to an "arrival" within the meaning of this section independently of any ulterior destination of the vessel or the time she may remain or intend to remain at such port or the particular business she may transact there. (1866) 11 Op. Atty.Gen. 72; (1865) 11 Op. Atty.-Gen. 237; (1849) 5 Op. Atty.-Gen. 161.

And see also R. S. sec. 3609, CUSTOMS DUTIES, vol. 2, p. 767.

Prosecution. Masters of American vessels are subject to prosecution in the name of the consul for omission to deposit with him the papers according to law, but not to indictment. Criminal procedure under our laws in such a case applies only to the masters of foreign vessels in the ports of the United States. (1855) 7 Op. Atty.-Gen. 395.

Sec. 4310. [Penalty for failure to deposit papers with consul.] Every master of any such vessel who refuses or neglects to deposit the papers as

required by the preceding section, shall be liable to a penalty of five hundred dollars, to be recovered by such consul, vice-consul, commercial agent, or vicecommercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction.

[R. S.]

[V. REGULATION OF VESSELS IN DOMESTIC COMMERCE.]

Sec. 4311. [What are deemed vessels of the United States.] Vessels of twenty tons and upward, enrolled in pursuance of this Title, and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by this Title, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting-trade or fisheries. [R. S.]