Page:United States Statutes at Large Volume 44 Part 1.djvu/1565

 F 8 x V   `\\ 51551 ·'  2 5*1 TLE,47.-Q’ELEGRAPH8,` TELE, Section .21. Submariiae cables; `willfnl injury to; punishment.-‘?—r&ny person who shall._willtul1y,_nnd wrongfully —m·eak.0; injure, or `attempt 'to break or injure, or who shell `in any " nQen¤ er procure, counsel, eid,· nbet, __or be ncceeeory to such {,1-eeking or injury, or attempt to break or injure, n subnmrine cable in such manner as to interrupt or embarrass, in whole or in part, telegrnphic communication, shall be guilty · of e misdemeanor, end, on conviction thereof, shell be liable to‘1m- prisomnent for n`  not efceediug two yenrs; or to n fine nut Bxiféédiég e $5»(xX), Ol? to b9th- KDE Qlld iHl§l'iS0§lI!1€Dt,· tit the discretion ot the court. (Feb. 29, 1888, c; 17, { 1, 25_Statt 41.) 22. Same; negligent injury to; punishment,-—-Any person, who by c-ulmblhe negligence shall 'break or injure a Submarine cnblein snch.m&nner_ns to interrupt or embarrass, in whole ox in part, telegrephic communication, shall be guilty ot a misdemeanor, and, on conviction thereof, Shall be liable _ to · imprisonment for n term not exceeding three months, or to .a . one not exceeding $$00, or to both fine and imprisonment, jet the discretion or the court. (Feb. 29; 1888, c. 17, { 2, .25 smt.41-.)_ _ D ·_ ’ __. ‘ ” _ 23. Same; injury in eiorits to save life excepted.—The pro visions of sections 21 and 22 or this title shall not apply to e persontwho brenks or injures e cable in an eltort to save the life or limb of himself ortof any other person, or to, save- hh own or any other vessel: Pro·vidod,°Thnt he takes reasonable precautions to avoid such breakingor injury. (Feb. 29, 1888 ‘c.17,§3,‘25Stnt.41.)`  —` ·* _ - _. 24. Vessels laying cables} signals; 'UVOid8!\¢¢ of b¤0Y8··* — The master ot nny`vesSe1',whi¢h, while lehsesed in · laying or repairing submarine cables, shall fall to observe the; roles concerning simnls that have been or shall be; adopted by the parties to the convention demribed in section 36 of whnpter with n view; to preventing collisions at sea; or the p ster ol eny vessel that, perceiving, [ or bein} eblea to perceive the said elgnnate displayed upon a telegraph ship engaged in repairing a noble, shall not withdraw to or keep otdistnnce- of at least one nnutienl, mile; or the master ot any vessel that seeing 01 being able to seebuoys intended to mark _· the position of a cable when being laid or when out of order or broken, M shall not keep et n distance ot ut least n qnerter ot o. nautical nziile, shall be guilty or a misdemeanor, and _0n conviction thereofe eilell be liable to ; imprisonment for n term not exeeédinglonc _ month, or to a fine ot- not exceeding two, (Feb. 29. ¢.= 17, ·§`4,25Stnt,41.)`  -8 ‘ .·`. - ‘ 25. Fiehine vessels; duty to keep nets from cnblee.-—·Th¢ weeter or any ilshlng vessel who shell not keep his implements or nets nt a distance ot jet tenet one nautical ‘ mile ironi s vessel engaged in lnylng or repairing n _ cable ;' or the meeten of any nehing veeeel who rshell not keep his lmpmments on new nt n distance ot at least va quarter ot"e nautical mile from n buoy or` buoys intended- to. mark the position of a enble when being laid or when out of order or broken, `ehnll be guilty ot n misdemeanor, and on conviction thereof, _ shall he liable to imprisonment `tor a term not exceeding ten days · or to n Hue- not exceedlns $250, or to both eneh Hoe and lm Drisonment, at the dlecretion of the court. Fishing vessels on perceivlng' or being Able to · perceive the said mgnele dis played on n telegraph ship, — ehall beallowed such time as may be neeewry to oggy the notice thus given, not exceeding twentydour honre, during which period no obstacle shall be placed in the way ot their operations. (Feb. 29, 1888, c. `17 /§e,2esmt42.)_ · » ·_ · 26. Dntier of commanders of ‘ warahirm-··—-·For the purpom of carrying into eieet the convention dweribm in section 8( of this title e person` commending a ship of wer ot the United States or ot any _ foreign state for the time belng bound l b3 the convention, or A ship specially oommi@ed· by the Govern

r _\.·i·=~i 4 r, PHONES, AND R4DI.OTELE'GRAPHS =   * § 33 · ment of the United States or by -the` government of such for- ·. agp, state, may exercise and perform the duties with respect l to requiring exhibition of dogunients evidencing the nationality li, ot omznding vessels and making reports of infractions vested e in and imposed on- such officer by the conventiorn ‘ (Feb. :29, l .1888, c. 17,5 .6, 25 Stat. 42:) Z_ .~- -. j 274; Ofendink vessels to show nationality,-—Any persoix hav- _ ` . wing the custody of the papers necessary for the preparation of ` e _·the Statements provided for in article 10 of the _ said conven-·_ — g tion with. .1TeSD<-tcl} to reports "of infractions, by o&érs com- - ' - manding Vessels jot war or A vessels especially conimissioued, n. who shall refuse to exhibit them or shall violently r®ist per-. r tion to draw up statements of facts in the exercise · of their - _.funct:l0ns, sha1rbe guilty. of a misdemeanor; and on conviction . thereof sha1I' be. liable to `imprisonment not exceeding two L. years, or to sine not. exceeding $5,000, or to both due. and im- ,· prisonment, at the discretion of the court. (Feb. 29; -1888, g_ c. 17, 5 7, 25 Stat. 42.) t __ ‘ _ . '_ 28. Penalties not to bar suits for dsmsgu.—-·’1*he· penalties . provided in motions 2-1_ to 33 of this ,tit1e for the breaking "or L injury of; a submarine cable shall not be a bar to a suit for , damages on account of such breaking or injury. (FehQ %, 1888, t :29. Master of offending vessel pnni.shahle,—#When an oménse., against- sections·2r to 33 of this title shall have been committed by means of a vessel, or of any boat. belonging tos vessel; . the master' ot such vessel shall, unless some other person `is g. same, and be liable to be p " ed accordingly. (Feb. 29, e ;c.·17, 5,9, 25 Stat. 42.) ‘ ` · _ . 5 ·. 30. De5nitions.——5Un1ess. the context of sections 21 to 33 or L.   title otherwise requires, the term “ vessel ” shall he taken, . L to mean ·erery’ description ot vessel used in navigation, in ps taken to include every person hating command or charge ot. a L vessel; and the term_ "person" to include a body oi  { corporate ‘or incorporate. · The term " convention "` shall he , taken to mean the International Convention for the Protection , of Submarine Cables, made at Paris on the 14th day ot May, _ _t 1884, and. proclaimed by the President of the United States _ ,‘ on the   of.May, 1835. `(Feh. 29, 1888, e. 17,_§ I0, 25·\ ” Stat.42;) · · A _ · _ · y 31. Summary trials.--The provisions ot chapter 8 ot Title 3 25 Std!. .42.) ~ . · ’· p 32. Application.-·-·~The ‘ provmons of sections °21 to 33 of B t 'this title shall be=·heId to apply only to cables to which the [§12,2§Stat.42,)   `-   ·t· ' 1 . 33. Jurisdiction: and venue of oEenses.—-—-The district courts , of the United States shall have jurisdiction over all cmenses g- agalhst sections 21 to 83` or this title and of allsuits of a civil , nature arising: thereunder, whether the infraction complained - · of shall have UGED committed within. the territorial waters ot i the United States or on hoard a vowel of the United States out- sv district courts in actions and suits arising under said sections, ', aptieals and writs of error shall be allowed as provided by law ` in other cases. Criminal actions andproceedlngs for a viola- ! tion of the provisions of said sections shall be eomnxenced and ) prosecuted in the district courtfor thedistrict within which . I the offense was committed, and whennot committed within any r judicial district, then lin the district court for the district within - which the .oKeuder`may be Iound`; and suits ot a civil nature
 * ons having authority according to. article 10_ of. said comqeng
 * c._17,‘§8,25tStat. 42.) .` 2 . -»
 * shown to have been in charge of and navigating such vessel or
 * boat, be deemed to. have ws? charge ot and navigating the
 * Whatever way it is propelled; the term §‘mastor*’ shall he
 * 33 shall extend to the trial of offenses against the provisions
 * of sections 24 and 25 obtfxls title. (Feb. w, —1&8, c.”1'?, {11,
 * · convention for the `tlnfe being applies. °`(Feb; -29, 1888, e. 17,
 * side of said waters. d From the decrees and judgments or the'