The Men on Deck: Master, Mates and Crew, Their Duties and ResponsibilitiesRiesenberg, Felix
History
The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities
Riesenberg, Felix
Merchant marine -- United States; Navigation; Sailors
All penalties and forfeitures imposed by this Title [R. S., 4501-4613],
for the recovery whereof no specific mode is hereinbefore provided, may
be recovered, with costs, in any district court of the United States, at
the suit of any district attorney of the United States, or at the suit
of any person by information to any district attorney in any port of the
United States, where or near to where the offense is committed or the
offender is found; and if a conviction is had, and the sum imposed as a
penalty by the court is not paid either immediately after the
conviction, or within such period as the court at the time of the
conviction appoints, it shall be lawful for the court to commit the
offender to prison, there to be imprisoned for the term hereinbefore
provided in case of such offense, the commitment to be terminable upon
payment of the amount and costs; and all penalties and forfeitures
mentioned in this Title for which no special application is provided,
shall, when recovered, be paid and applied in manner following: So much
as the court shall determine, and the residue shall be paid to the court
and be remitted from time to time, by order of the judge, to the
Treasury of the United States, and appropriated as provided for in
section forty-five hundred and fortyfive: _Provided always_, That it
shall be lawful for the court before which any proceeding shall be
instituted for the recovery of any pecuniary penalty imposed by this
act, to mitigate or reduce such penalty as to such court shall appear
just and reasonable; but no such penalty shall be reduced to less than
one-third of its original amount: _Provided also_, That all proceedings
so to be instituted shall be commenced within two years next after the
commission of the offense, if the same shall have been committed at or
beyond the Cape of Good Hope or Cape Horn, or within one year if
committed elsewhere, or within two months after the return of the
offender and the complaining party to the United States; and there shall
be no appeal from any decision of any of the district courts, unless the
amount sued for exceeds the sum of five hundred dollars. (R. S., 4610.)
CRIMES
Place of trial.
The trial of all offenses committed upon the high seas or elsewhere, out
of the jurisdiction of any particular State or district, shall be in the
district where the offender is found, or into which he is first brought.
When any offense against the United States is begun in one judicial
district and completed in another, it shall be deemed to have been
committed in either, and may be dealt with, inquired of, tried,
determined, and punished in either district, in the same manner as if it
had been actually and wholly committed therein.
All pecuniary penalties and forfeitures may be used for and recovered
either in the district where they accrue or in the district where the
offender is found.
The crimes and offenses defined in this chapter shall be punished as
herein prescribed:
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