Page:United States Statutes at Large Volume 52.djvu/1058

 75TH CONG., 3D SESS.-CH. 601 -JUNE 23, 1938 documents, if in his power to do so, in obedience to the subpena or lawful requirement of the Authority or the Air Safety Board, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $5,000, or imprisonment for not more than one year, or both. VENUE AND PROSECUTION OF OFFENSES Venue SEC. 903. (a) The trial of any offense under this Act shall be in the district in which such offense is committed; or if the offense is committed upon the high seas, or out of the jurisdiction of any particular State or district, the trial shall be in the district where the offender may be found or into which he shall be first brought. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. Procedure in Respect of Civil Penalties (b) (1) Any civil penalty imposed under this Act may be col- lected by proceedings in personam against the person subject to the penalty and, in case the penalty is a lien, by proceedings in rem against the aircraft, or by either method alone. Such proceedings shall conform as nearly as may be to civil suits in admiralty, except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and the facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. (2) Any aircraft subject to such lien may be summarily seized by and placed in the custody of such persons as the Authority may by regulation prescribe, and a report of the cause shall thereupon be transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Authority of his failure so to act. (3) The aircraft shall be released from such custody upon payment of the penalty or the amount agreed upon in compromise; or seizure in pursuance of process of any court in proceedings in rem for enforce- ment of the lien, or notification by the United States attorney of failure to institute such proceedings; or deposit of a bond in such amount and with such sureties as the Authority may prescribe, conditioned upon the payment of the penalty or the amount agreed upon in compromise. (4) The Supreme Court of the United States, and under its direc- tion other courts of the United States, may prescribe rules regulating such proceedings in any particular not provided by law. TITLE X-PROCEDURE CONDUCT OF PROCEEDINGS SEC. 1001. The Authority may conduct its proceedings in such man- ner as will be conducive to the proper dispatch of business and to the ends of justice. No member of the Authority shall participate in any Venue and prosecu- tion of offenses. Venue. Procedure in respect of civil penalties. Seizure of aircraft. Release. SupremeCourt,etc., may prescribe admin- istrative rules. Title X-Procedure. Conduct of proceed- ings. 1017 52 STAT.]

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