§§ 4302-5 OFFENSES AGAINST NAVIGATION LAWS.

72

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.

§ 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.

§ 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.

Trial of challenges by the court-Rev. Stats. sec. 819.

§ 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.

§ 4305. Recovery of penalties and forfeitures. 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.

TITLE XLIX.

REGULATION OF VESSELS IN FOREIGN COMMERCE.

§ 4306. Passports of vessels on departure to foreign country. 84307. Penalty for departing without passport.

4308. Passports of unregistered vessels.

4309. Deposit of ship's papers with consul.

4310. Penalty for failure to deposit papers with consul.

§ 4306. Passports of vessels.-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.

§ 4307. 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.

§ 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, DESTY C. & N.-7.

for which the master shall be subject to the rules and conditions prescribed for vessels of the United States.

§ 4309. Deposit of 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.

§ 4310. 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 vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction.

TITLE L.

REGULATION OF VESSELS IN DOMESTIC COMMERCE.

4311. What are deemed vessels of the United States.
4312. What vessels may be enrolled.

4313. Enrollment of vessels owned by corporations.
4314. Oath of president, etc., of corporation.
4315. Death, etc., of president of corporation.

$ 4316. Enrollment of steamboats owned by aliens.
4317. Bond by alien owner.

4318. Enrollment of vessels on frontiers.

4319. Form of enrollment of vessels.

4320. License of vessels.

4321. Form of license.

4322. Exchange of enrollment and registry.

4323. Exchange when vessel is in another district. 4324. Expiration of license.

4325. Surrender of license.

4326. Loss of license.

4327. Renewal of license.

4328. Renewal when vessel is in another district.

4329. Renewal upon sale of vessel.

4330. Oath as to payment for repairs.

4331. Measurement of vessels less than twenty tons.

4332. Signatures to enrollment, license, etc.

4333. Record of licenses.

4334. Name and port to be painted on stern of vessel. 4335. Change of master.

4336. Inspection.

4337. Penalty for unlawfully proceeding upon foreign voyage. 4338. Certificate for vessel proceeding upon foreign voyage. 4339. Papers for vessels in whale-fishery.

4340. Enrollments at Jersey City.

4341. Enrollments at Camden.

4342. Enrollments at Wilmington, N. C.

4343. Enrollments at Chesapeake City.

4344. Surveyors may be authorized to enroll vessels.

4345. Surveyors at Cold Spring, Greenport, and Port Jefferson.

4346. Fees of surveyors for enrollment.

4347. Transportation of merchandise in foreign vessels.

4348. Establishment of great districts.

4349. Manifests and permits for vessels trading between neighboring

districts, exemptions.

4350. Penalty for proceeding without manifest and permit.

4351. Delivery of manifest before unlading.

4352. Penalty for not delivering up manifest.

4353. Manifests and permits for vessels trading between remote dis tricts.

4354. Penalty for proceeding without manifest and permit.

4355. Delivery of manifest before unlading.

4356. Penalty for not delivering up manifest.

4357. Trade between Long Island and Rhode Island. 4358. Trade between Alaska and other districts.

4359. Exemption from requirements as to manifests and permits. 4360. Penalties for not exhibiting manifest, etc.

4361. Registered vessels.

4362. Permits for transportation inland.

4363. Penalty for failure to report arrival of merchandise transported inland.

4364. Permit to touch at foreign port.

4365. Penalty for touching at foreign port without permission. 4366. Report of arrival at port other than that of destination.

4367. Foreign vessels bound coastwise.

4368. Delivery of manifest by foreign vessel.

4369. Penalty against foreign vessels trading coastwise.

4370. Penalty upon foreign tug-boats towing vessels between United

States ports.

4371. Penalty for trading without license.

4372. Expiration of license at sea.

'4373. Penalty for illegal enrollment or license.

4374. Penalty for malfeasance.

4375. Penalty for forgery and alteration.

4376. Penalty for obstructing officers.

4377. Penalty for violations of license.

4378. Exceptions to forfeitures.

4379. Notice of seizure.

4380. Recovery of forfeitures and penalties. 4381. Fees.

4382. Fees on frontiers.

4383. Posting table of fees,

4384. Vessels liable for fees for enrollment.

4385. Lighters and boats.

4386. Transportation of animals.

4387. Animals to be fed and watered; lien.

4388. Penalty for neglect.

4389. Penalties, how recovered; prosecutions. 4390. Lien, how enforced.

§ 4311. What are 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.

What are vessels of the United States-See ante, secs. 4131, 4220. Canal-boats, or boats employed on the internal waters or canals of any State, excepting only such as are provided with sails or propelling machinery adapted to lake or coastwise navigation, and excepting those employed in trading with the Canadas, shall be exempt from the provisions of this act-Act of April 18th, 1874; 18 U. S. Stats. 31. License construed, Gibbons v. Ogden, 9 Wheat. 1; Sinnot v. Davenport, 22 How. 227; Gilman v. U.S. 3 Wall. 738; Desty S. & A. § 8.

§ 4312. What vessels may be enrolled.-In order for the enrollment of any vessel, she shall possess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering