Page:United States Statutes at Large Volume 50 Part 1.djvu/727

This page needs to be proofread.

702

75 TH CONGRESS, 1sT SESSION-OH . 703-AUGUST 19, 1937 as a penalty in addition to the other punishment prescribed in this Disposi tion of .

Act . Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior . tinited States com-

SEC. 5 . That upon the recommendation and approval of the See- missioner . Appointment, ju- retary of the Interior of a qualified candidate the United States Dis- risdiction . trict Court for the Western District of Virginia shall appoint a commissioner who shall ha ve jurisdicti on to hear and act upon all complaints made of any violations of law or of the rules and regula- tions made by the Secretary of the Interior for the government of the park and for the p rotecti on of t he ani mals, b irds, a nd fis h, and objects of interest therein, and for other purposes, authorized by this Judicial powers in Act . Such commissioner shall have power, upon sworn informa- violation of rules, etc . Lion, to issue process in the name of the United States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a vio- lation of any of the provisions of this Act prescribed for the govern- ment of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture pre- Appeal s . scribed. In all cases of conviction an appeal shall lie from the judgment of said commissi oner to the U nited States D istrict Court for the Western District of Virginia and the United States District Court in the aforementi oned district shall prescr ibe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States District Court . Duties, powers, etc . SEC. 6 . That any and all United States commissioners now or here- after authorized to act within the western district of Virginia and any and all persons who shall hereafter succeed to the duties, powers, and autho rity of United States commi ssioners in a nd for said di s- trict shall have full power, authority, and jurisdiction to act, with respect to offenses or violations of law occurring within the limits of the Shenandoah National Park, as the United States commissioner for the Shen andoah Nation al Park may a ct with respec t to offenses or violations of law occurring within the limits of said park . Arrest and confine-

SEC. 7. That such commissioner shall also have power to issue ment of persons charged with crime . process as hereinbefore provided for the arrest of any person charged with the commission within said park of any criminal offense not covered by the provisions of section 3 of this Act, to hear the evi- dence introduced, and, if he is of the opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the United States District Court for the Western Distri ct of V irgini a, and certify a tra nscript of the recor d of hi s pro- ceedings and the testimony in such case to court, which court shall Proviso .

have jurisdiction of the case : Pr ovi ded , That th e said commiss ioner sail,

shall grant bail in all cases bailable under the laws of the United States or of said State . Processes directed

SEC . 8 . That processes issued by the commissioner shall be directed to marshal, to the marshal of the United States for the western district of Vir- ginia but nothing herein contained shall be so construed as to prevent the arrest by any officer or employee of the Government or any person employed by the United States, without process of any person taken in the act of violating the law or this Act or the regulations prescribed by the said Secretary as aforesaid . Salary .

SE C. 9 . Tha t the commiss ioner provided for in this Act shall be Prorisos.

paid an annu al salary, as appropriated for by Congre ss : Pro vid ed, Resi den ce . That the said commissioner shall reside within the exterior bound- aries of the Shenandoah National Park or at a place reasonably adjacent to the park, the place of residence to be designated by the