Page:United States Statutes at Large Volume 44 Part 1.djvu/1084

 hz 413 TITLE 33.-NAVIGATION A. (en board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded Gith any material speemed in section 407 i of this _Ch_&DtQ1' to any point or place Jef deposit or discharge in any h&1‘bO1°·01° navigable. water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfglly injure or destroy any werk of the United States contempt tedinisection 408, of this ~ chapter, or who slfall willfully obstruct the cllannehof any watera·ay__in The manner contemplated in; section 409 of this chapter, Shell be deemed guilty, of :1, violation of {this chapter, and shall upon conviction be punished as provided in the ·pre<·eding section, and shall also have his license revoked or enepexldied fer a term to be tixed by the judge before whom tried and convicted. And »any_ boat, vessel, scow, raft, _ or other cxzaft used er employed in violating any of theprovisions of scctiens 407; 408, and 409,, of this chapter shall be liable for the pecuniary penalties specifiedin the preceding section, and in addition theteto for the amount ofhthedamagcs done by aaid beat, vessel, scow, raft, or other cfaft, which latter sum shall be placed to the—credit‘of the apf11·0priz1tiog;`for the _ improvement of the~harb01·_or waterway in tvhich the damage 0ccm·red,"and said ·b0at,·vessel,_ scow, raft, or other craft'may· be proceeded against" summarily by way of 'libelyin any district court of the‘United States having jurisdiction tlieieof. (Mar. 3,-1®9, c. 425, § 16, 30 Stat. 1153,) · Y W 1 _ ~ ·' ‘ 413, Ditty of district attorneys-and other Federal officers in `enforcement of provisions; arrest inf 0t'fenders.+—The Depetjb ment of Justiée shall conduct the legal proceedings necessary of this chapter {and it shall. be the duty of distfict attorneys ·. of the United States to vigorously pposecutet all offenders `against the same whenever requested todo soby the_Set;retaryFl of War or byany of the officialsiiereinafter designated, and 1 it shall furthermore be the- duty of said district attorneys to , report to the Attorney General of the Ullitétl States the action ? R taken by him against otfenderaeo reported,. and a ttjausceript of such. reports. shall be transmitted to the Secretary of War W by`the—Attorney General; m¤t1_m»·A the better enforcement of the said proyisions and to facilitate the detection and bringing te punishment of such offenders, the eofficers and agents of the United Statesbin charge of giver andliarbor improvements. and the assistant. engineers and inspectors employed underi them by antllorityof the Secretary of War, and  United `Statea collectors of customs and other revenue officers shall have power and authority to swear out process, and to arrest and take into custody, with »or`wi·thout process, any person or. pereoxia whetftnnay coinmit any of the acts or ohenees prei hibited by the aforesaid sections of this chaptet, of who may ‘vielate any oi the provisions of the saute: Provided,/Tlnat no pemon shall be a;-rested 'without proceasl for ani nee not committed in gthe presence; of some one of the afmre i cilleiale; And provided further, Tbatj wheneven any arr  ,£l _; is Jmade under the foregoing provisions of thin chapter, the pereon an arrested shall be brought forthwith before a commis- eioner, judge', oe court of the United States fox? examination of the oaenaee alleged against him; and such Tsommiaaioner, judge, or eeurt ahall proceed. in feepect thereto as authorized by levi in ease of erimesi against the United States. »(Ma1·. 3, 1899, e. 425, § 17, 30‘Stat_. 1153.) _. 414. Removal. by Secretary oft amnken water craft generslly.-———Wl1en—ever the navigatien et any rlve1·, lake,, harboxi, i eonnd, bay; canal, or Seether navigable waters ot the United States ehrall be.obatructed'or endangered {by any sunken, vessel, boat, water ctatt, raft, GI; other eixnil,e1·‘ ebatrnctiwnn, and such obstruction hee? egltlsted for at longer period than witty days, or whenever the abandonment of teach __ obetmetien ca¤· bc legally "eetablialxed. in a leee apaee 'of tl::ne,·the sunken ivemel, boat, vtater cm ft,. raft; or ·othe;· fobatrnetloa ehafll be subject
 * te enforc€'»tl1e" foregoing provisions of the forego_ing.. sections

ND NAVIGABLE WATERS ](`§TO to be broken ap, removed, so1gi,'0r otherwise disposed of .l>y me Secretary of War at bra discretion, wituoot liability for e;Q¤.· damage to the owners of me same: Provided, That in his mebretion, the Secretary; of War may cease reasonable .noti<.·e of such obstruction of not less than thirty days, uulwe the lore! abapdooxiaentloj the obstruction `cau be established in a less time to begiveii  publication., adilressed "To whom it 11;ay_,_·{,;,i cem;" in a newspaper published ’11e21rest to the locality of {be obstructing, requiringi the removal tht->1‘€€>f: A1r»d,pr·0‘v€ded rzzmv ‘ -That’the Secretary of War may, in his discretion, ator ai°n·r the time of giving Such notice, cause sealed proposals to be ee. licited by public advertisement, giving reasonable xxotieovof not less than ten days, for the removal of Such obstruction as soon aa possibleafter the: expiration =0f Hne above specified thimdays’ notice, in case it has inot in the meantime been so l’GI.ll€2V£‘d. these proposals and contracts, at his_diec_retion, to be m»m1gQ tio;1ed_ that. such vessel, boat, water Craft. raft, or other ob- `SII‘l,lCti0I1,; and all cargo and property contained therein, alzail E becom,e the property of the contractor, and the contract shall le iIVV&_l‘(lGd to the bidgler making the proposition most advantageous to the United States: Provided, That such bidder shell givesatisfactory security to execute the work: Provide;} {z·o·-, ihcr, That any money received from theeale of anyeueh e·rre·k. or from any contractor for the»removal—»ot wrecks, uulgler this , eafograph shall be covered into the Treasury of the ·I,§hit¢.·d States. (Maxx" 3, 1899, c. 425, §j§9, 30 Stat. 1}54.»·)- . _ `. t 3 415. summary. removal of water craft obstructing navi;qeL tion.4—Uncler emergency, ill the case of any vessel, boat, xxwem l craft, or raft, `or other similar obstruction, sinking or groum}-‘ I ing, or being unnecessarily delayed inwany Government canal or lock, or in any navigable waters mentioned in the foregoinasoretion, rin such manner as to stop, seriously interfere_a*i,th, or specially endanger navigation, ih the opinion of the Secretary. ‘ of War, or any Uaaent of, the United_ States to, whom the Serra-. tory may delegate proper authority, the Secretary of War or any such agent shall have the right to take immediate- poea~;· " sion of sueh_bo;it, vessel, or other water craft, or raft, so far as to_ rexidove or to Hestroy itand to clear imaxedlatelythe renal, lock,/or'·navigable waters afo”resald_ of the obstruction thereby Tcuused, using his best judgment to {prevent aoy aavnereasary ·~ injury; ’an“d `no one shall interfere a·ith_ or prevent each rc- · moval or destruction; Provided, That the o§cer or aaeetw Charged with the trem·»ve1 or destruction of an: obstruction under this section may in his discretion hive eotice ia vsjritiue to the ownera of any sinch obstruction reqairing them to remove it:   pjrotridcd farther, That the expense of reémoviaii any such obstruction as aforesaid shall be a charge agaiaat sari; craft and cargofand if the owners thereof fail or refuse to ~ * reimburse the United States for each expeaee within thirty days after iwtmcetion. then the officer or agent aioreeald may sell. the craft oreargo, or any part thereot that may not have been dwtroyed in removal, ang the proceeds obauoh eale shall be coveredllvinto the Treasury of the United Statm. (Mar. 3, 1899,3; 4%, 5 @,*30 Stat. 1154.). ‘  $ ‘, “ 416. Appropriation for removal of sunken water craft;-—~»·— Such gum of money as xpay be aecgmary to execate the tee Dmcéding Sections is Eeby agipropriated but gi day money H1 _ ~ the Treasury not other lee appropriated, to be paid out on the requisition `ot the Secretary ot Wag. (Mer. 3, 1@9,“ o.  § 2*% 30”Stat.`1154.) · ‘   `_ M X. V .,,,  » t 417. Expeneu of ·ixwestiga`tioaa by War Departmcat.——»·Exg. · pensee leeuriee by the. Engineer-”Depar£m.eat of  War De 'partmeat in all iureatlgauotia. iuaaeétioaa, heariaget reporter eervice ot notice, 2 or other. actioa irmdental to examination or X plans- ortattee or bridges or other at"racturee‘bailt*_or_ proposed to be  ilt ih or over navigable ératem, or te-1exa,m1§a§i0¤$_ into alleged violatioaa of laws tor. the protection and preservation of navigsblmwatera, ortto the establishment or marking