Page:United States Statutes at Large Volume 44 Part 1.djvu/446

 _§ 535. TITLE 16.-ce - who carryym pelagic soaling in canoes or unclecked boats propelléd srholljr by paddlés, oars, 01"salls, and not transported by or used- in (Zt)l1I1€(‘_ti0l1 with other vaséels, and manned by not xuorq thahi five persons. each, in tlxéjwafz hithert0 praéticcd by the said Indians, Aleuts, or other aboriginos, and'without§tl1e uso of iircarms. The exception made in this scctilodshall not apply to Iudians,-AIeuts°, or otlteraboriglnes in the employment 0f_.0tl1er persons or who shall kill, capture, or pursue fur seals or sea ottors under contract to deliver the skins to any person. (Aug. 24, 1912; c. 373, § 3. 37 Stat. 500.) · - l .- Q 1 » a 635. Insporting illegally taken skins; forfeiture.-—The importationi or bringing into territory of tho" United States, by any person whatgnevor, of skins of fur seals or sea otters taken in the wa_te~rs`_1i1e11tionctl in section 632. {of thi; title, or of skins identified as those of the species ku0v%¢11`as··(}a1l01jhini1s alascamxs, Calielrlziuus ursinus,. aml.Callorhinus_ kurllensis, or `bé· longing to the American, Russian, or Japanese hérdé, whether raw, dressed; dyed, ormanufactured, except such as have been taken under tha uuthoritydof tho` res;$ective.P8!‘tic$ to the con; VPU-Yi0H between. the Governments of ithe United States. Great ·Brjtain, Japan; aud. Russia, concluded at Washington, 'July·7, 1011 (3‘l'·Stat. .1546), to which the breeding `grouuds of such herds belong, and have been oilicially marked and ccrtitléd as} having been so taken, is hereby brol1ibltvd;·aud all suoh articles imparted or brought in/·shall not be permitted to be exported, Rbgxt shall be seizcdand forfeited to thé United States. {Aug. 24, 1912,9; 373, §·4, 37 Stat. 500.) _ · ·_ - ·_ 636. Regulation nude by Président; enforccmént of law and rcgu§ations.·—Thc President shall have power Yto make regulations to carry sections 632 to 643, illCl\lQiV€,~ of this title and the said convcntioninto effect, and from time to time to add to; modify, amend, or revoke such regulations, as. in hié judgmént may Seem expedient. . It shall be the duty of the Sécre- - tary of Commerce, under the direction of the President, to see that the said convention, the provisions of said sections, and the regulations made thereunder are ¢=·xot·uted`aud enforced; and dll Qoillccrs of the United States engaged in the execution and entorccmont_ of said saétluns are authorized and directed ` to cooperate with the propenoillcers of any of the other parties: to the said convention in taking such measures as may be uppropriate and available uneflvr the sa ld ponvontion, aaid sections, . or the regulations madé thereunder {or tho purpose of pru: venting pelagic sealing as in said sections prohibited. (Aug. 24, 1912; c. 373, § 5, 37 Stat. 500.) - _ ~ _" ·_ · " ·-__ ' ·. 63'l.` Puniihment for violations -.of· law; forfciture.·;—··Evcry person guilty of a violation of any ot the provisions of said convention, or of sections 832 t0_ 643, ixxclusire, of this title, my otalny regulation madontlnereunder, sllall, for each olloqse, be ilnod not less, than $200 or more than $2,900, or imprisoned not nxorc tlfau six months, or both;. and every vcssol,_its tackle, apparel, furniture, and cargo, at any time used or employed in violation of lsai¢1’,sections,'or of tho régulations _madc tlwrcundcr, shall be forfeited to the United States. (Aug. 24, 1912, c. 373,_ § 6, .7 Stat. 501.) · ‘ “I · · K 638. Pijesumption as to vi0lations.—··-If any vessel shall be ftilllld. within the watt~1js' to which the provisions of sections ($32 to ($43; inclusive, of this title apply, lmving 01rboard— urgoal skins or s4·a—otto`r skins. ’O1°. bodies of saala or s 0 ers, or apparatus or lxupléuwnts for killing, or taking. als or sca ottor, it shall lvopre-suuxotl tliabsucli vessel was sod _0_r` cmplnyutl in the killing of said seals or séa-otter, that said apparatus. or implements warp used violation ot tha Qrovisious ot >=0cti0us‘632 to 643, inclusive,   he‘co11ti·ary is provod yto the swatiisnfactloxx of the court, in é   as_su<:l1tvésscl, apt _paratus, and ixnplenwnts are subjoqt to the jurisdiction of the United States. (Aug. 2-1, 1912.0. 373. § 7-37 Stat. 501.) » 1 639. Venue of proaecutions.-——Anyriolation of the Said convaution, or of the provisions of sections 632`to 643, inclusive.

GNSERVATION i 432 of this title, or of the regulations thereandexymay be pros- . ecuted, either in the Districtbourt of Alaska,. or in any dm trict court of the United States in California, Oregon, or Washington. (Aug. 24, 1912, c.· 378, § 8,37 Stat. 501.)`  · ~ 640. Guard or patrol of waters; seizure and; search of ves- ’·sels within jurisdiction of United States.-—It shall be the duty · oflthe President to cause a guard or patrol to belmaintained ·ln the waters frequented by the ‘sea1»-herd or herds "and sea otter, in the protection of which the United Stateslis especially interested, composed of nayal or other public vessels of the United States designated by hi m» for such service; and. any officer of any such vessel engaged in sueli service and any other it officers duly designated by the President may search any-vessel of the United States, in port, or .in territorial waters of the ` United States, or .on.the.high· seas, when suspected ot having i violated.·_ or_ being about to 'violate, the providons =0f *said convention, or or sections_632 to 643, inclusive, of this title. or ` ot any regulation made thereimder, and may seize such vesseli _ andythe/officers and crew thereof andbring them into thefmost accessible portj of the Territory or of any of the States mentioned in [section? 630 of this __title for trial; (Ang. 24,1912, eats, §.o, at smt.._5o1.) . ‘ · . ~e I  ·  ` 641. Seizure of vessels outside of jnriwiction of signatory . powers-; procedure.—An-y, vessel or person E described in section 632 of this title offending or being about to-offend against the prohibitions of, the said convention, at of sections 6& to 643, inclusive, of this title, oriof the regulations made thereunder, . may he seized and detained by the naval or other duly com- 1 imissioned officers of any. of the-parties to_ the said Mconvens tion other»tI1an the United States, except within the territorial ·jurlsdfction· of one of the. other of said parties, on condition, howvever, that when such vessel or perse is so   and detained 'by officers of any party other Baa; the United States such vessel for person shall be delivered as soon as practicable . at the nearest point to the place of seizure, with the witnesses _ and proofs necessary to establish the offense so jar as they. ’are under the control- of- such party, to the proper omeial of the United States, wnqse courts alone sliall have jurisdiction to try theotfense and impose the penalties for the same. °The v said- ofllcersl of.a`ny part? ftol mid convention other than the “ y United. States shall arrest and detain vessels and persons, as `in this section specified, only after 'suchvparty, by.apprepriate - legislation or _0tl1erwlse,.shail have authorized the naval oruother omcers of the United States dulyncommissioned and im, structed by the, President to thatfend to arrest, detain; and l deliver to the proper ofli ers_of such party resselsand subjects I _ under the jntrlsdictggt tha·t tfiovernment offendlrtk against said convention or any statutefor regulation made by that Government to 'enforce said convention. f1‘he President » at the United States shall-jdetcrmine by proclamation when such authority hasbeen given by the other parties to said convention, land; his detern1ination_sl1_al"l he conclusive upon the Question; and such proclamation may be modltled, amended, or revolred by: proclamation of the President whenever. i_n his judgment, itlls deemed expedient. (Aug. 24, 1912, c. 373, 5/10, 37 Stat. 501.).; -‘ ,· . · ‘ - . . t ‘ » 642 Delivery by, receipt and disposal of skins by the United States under convention of July 7, 1911; performance of_ articles ’thereunder.·-¥·—'1fhe Secretary of Commerce.- or his aus t lLl’lOI'l§S8(1·&§O’HtS,·$h{lu have authority- to receive on behalf of the United, States iany and all fur—seal skins taken as provided t in the thirteenth ··and fourteenth articles of the convention men! tioned in section 035 of this. title and tendered for delivery by ~ the Governments of-Jamnand Great Brltalnein accordance T with the terms of said articles; and all skins which are oryshall become, the property of the United States from any source whatsoever shall bel sold by the Secretarylof `Commerce in ,’ such market, at such times, and in such manner as he "may_