-CITE-

33 USC CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES

AGAINST NAVIGATION LAWS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-MISC1-

Sec.

391. Summary trials authorized.

392. Complaint and answer; jury trial.

393. Amendments of complaint and adjournments.

394. Challenge to jurors.

395. Limit of sentence.

396. Recovery of penalties and forfeitures generally.

-End-

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33 USC Sec. 391 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 391. Summary trials authorized

-STATUTE-

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 United States 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.

-SOURCE-

(R.S. Sec. 4300; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)

-COD-

CODIFICATION

R.S. Sec. 4300 derived from act June 11, 1864, ch. 121, Sec. 2,

13 Stat. 124.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney". See section 541 of Title 28,

Judiciary and Judicial Procedure, and Historical and Revision Notes

set out thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-

-CITE-

33 USC Sec. 392 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 392. Complaint and answer; jury trial

-STATUTE-

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

counterstatement. 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.

-SOURCE-

(R.S. Sec. 4301.)

-COD-

CODIFICATION

R.S. Sec. 4301 derived from act June 11, 1864, ch. 121, Secs. 3,

4, 13 Stat. 125.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-

-CITE-

33 USC Sec. 393 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 393. Amendments of complaint and adjournments

-STATUTE-

It shall be lawful for the court to allow the United States

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.

-SOURCE-

(R.S. Sec. 4302; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)

-COD-

CODIFICATION

R.S. Sec. 4302 derived from act June 11, 1864, ch. 121, Sec. 6,

13 Stat. 125.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney". See section 541 of Title 28,

Judiciary and Judicial Procedure, and Historical and Revision Notes

set out thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-

-CITE-

33 USC Sec. 394 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 394. Challenge to jurors

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 4303.)

-COD-

CODIFICATION

R.S. Sec. 4303 derived from act June 11, 1864, ch. 121, Sec. 7,

13 Stat. 125.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-

-CITE-

33 USC Sec. 395 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 395. Limit of sentence

-STATUTE-

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 $500, or both, in its

discretion, in those cases where the laws of the United States

authorize such imprisonment and fine.

-SOURCE-

(R.S. Sec. 4304.)

-COD-

CODIFICATION

R.S. Sec. 4304 derived from act June 11, 1864, ch. 121, Sec. 5,

13 Stat. 125.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-

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33 USC Sec. 396 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION

LAWS

-HEAD-

Sec. 396. Recovery of penalties and forfeitures generally

-STATUTE-

All the penalties and forfeitures which may be incurred for

offenses against title 48 of the Revised Statutes 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.

-SOURCE-

(R.S. Sec. 4305.)

-REFTEXT-

REFERENCES IN TEXT

Title 48 of the Revised Statutes, referred to in text, was in the

original "this Title", meaning title 48 of the Revised Statutes,

consisting of R.S. Secs. 4131 to 4305. For complete classification

of R.S. Secs. 4131 to 4305 to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 4305 derived from act Dec. 31, 1792, ch. 1, Sec. 29, 1

Stat. 298.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 31.

-End-