Page:United States Statutes at Large Volume 13.djvu/153

 'I`HlRTY—EIGHTH CONGRESS. Sess. I. Ch. 121, 122, 123. 1864. 125 crt cn in commerce or navigation, it shall be the duty of the dis- investigated by, atidrgncgy to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried under tried. the provisions of this act, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the courtwill permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court. Sec. 3. And be it further enacted, That at such trial it shall not be Nomdicmem necessary that the accused shall have been previously indicted, but aneeessary- statement of complaint, verified by oath, in writing, shall be presented to tv,;,,,,,, cmthe court, setting out the offence in such manner as clearly to apprize the 1>l¤i¤t <>¤ esthaccused of the character of the offence complained ot, and to enable him 1;,;,,,,,;,,,,,,,,,). to answer the complaint. And the said complaint or statement shall be answer and wake read to the accused, who may plead to or answer the same, or make a ;‘;;‘;‘;°"’““*°' counter-statement. Sec. 4. And be it further enacted, That the said trial shall thereupon Summary u-in _ be proceeded with in a summary manner, and the case shall be decided 22;; md b? “‘° by the court, unless, at the time for pleading or answering, the accused ` shall demand a jumy, in which case the trial shall be upon the complaint Jury. and plea of not guilty. Sec. 5. And bs it jnrther enacted, That it shall not be lawful for the Lindt of sencourt to sentence any pers'on convicted on such trial to any greater pun-  l" ““°l‘ ishment than imprisonment in jail for one year, or to a fine exceeding ` tive hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and line. Sec. 6. And be it further enacted, That it shall be lawful for the court compmug gy to allow the district attorney to amend his statement or complaint at any Sl¤*°m¤¤* my be stage of the proceedings, before verdict, it; in the opinion of the court, am°nd°d’ &°' such amendment will work no injustice to the accused; and if it appear to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the .,..r.se will promote the ends of justice, such adjournment shall be made until a further day, to be fixed by the court. Sec. 7. And be it further enacted, That at such trial, if by jury, Iftrielbyjurs. the United States and the accused shall each be entitled to three per- l:;f;",p;}};lQ,Q:,’?1` emptory challenges. Challenges for cause, in such cases, shall be tried Om, cmd_ by the court without the aid of triers. Ienges. APPROVED, June 11, 1864. CHAP. CXXII.—An Act to abolish the Cbllectitm Districts,qf Port Orjbrd and Cape Perpetua, in the State of Oregon. Be it enacted by the Senate and [base of Representatives of the United States of America in Oongress assembled, That the collection districts of mC°H°¤*l°¤ dl$· Cape Perpetua and Port Orford, heretofore established by law, are ,·,,ii{'°,gg%:,tcOr` hereby abolished, and the same attached to the collection district of ferpctua abol- Oregon. '°h°d· APPROVED, June 11, 1864. CHAP. CXXIH.-AJ: Act to amend an Act entitled "An Act to con rm certain rivate Land Claims in the Territory of New Me.mbo." Ji P Q Be it enacted by the Senate and House of Representatives of the United V°l- Klip- 71- States of America in Congress assembled, That the sixth section of the Heirs or Luis act entitled "An act to confirm certain private land claims in the Terri- M¤¤'l¤ Bece my tory of New Mexico," approved June twenty-first, eighteen hundred and ]r:;°:f?;°f,?,?m sixty, be, and the same is hereby, so amended as to enable the heirs of Mexico. Luis Maria Baca to raise and withdraw the selection and location of one of the square bodies of land confirmed to them by said act, heretofore located by said heirs p]n*the Pecos River, adjoining the Fort Sumner res-