Page:United States Statutes at Large Volume 54 Part 1.djvu/338

This page needs to be proofread.

PUBLIC LAWS-CHS. 323, 324-JUNE 11, 1940 [CHAPTER 323] AN ACT June 11, 1940 [H. R. 8119] To amend the Criminal Code so as to confer concurrent jurisdiction on courts of [Public, No. 698] the United States over crimes committed on certain Federal reservations. Criminal Code, amendment. Offenses on lands under exclusive or concurrent jurisdic- tion of U. B. June 11, 1940 [H. R . 8283] [Public, No. 699] Shipping. Towing of vessels between U. S . ports. 40 Stat. 602. 46U.S.C. §288; Supp. V, § 288. Penalties. Fines to constitute liens on vessels. Additional penalty. Term "person" de- fined. Foreign railroad en- tering U. S. by means of ferry, etc.; opera- tion of such vessels. Be it enacted by the Senate and House of Representatves of the United States of America in Congress assembled That section 272, paragraph Third of the Criminal Code (Act of March 4, 1909, sec. 272; 35 Stat. 1143; U. S . C., title 18, sec. 451) be amended to read as follows: "Third. When committed within or on any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building." Approved, June 11, 1940. [CHAPTER 324] AN ACT To amend section 4370 of the Revised Statutes of the United States (U. S. C ., 1934 edition, title 46, sec. 316). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4370 of the Revised Statutes of the United States (U. S. C., 1934 edition, title 46, sec. 316) is amended to read as follows: "SEO. 4370. (a) It shall be unlawful for any vessel not wholly owned by a person who is a citizen of the United States within the meaning of the laws respecting the documentation of vessels and not having in force a certificate of registry, a certificate of enrollment, or a license, issued pursuant to title XLVIII or title L of the Revised Statutes, or a certificate of award of number issued pursuant to the Act of June 7, 1918, as amended (U. S . C ., 1934 edition, Supp. IV, title 46, sec. 288), to tow any vessel other than a vessel of foreign registry, or a vessel in distress, from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same, either directly or by way of a foreign port or place, or to do any part of such towing or to tow any such vessel, from point to point within the harbors of such places. The owner and master of any vessel towing another vessel in violation of the provisions of this section shall each be liable to a fine of not less than $250 nor more than $1,000, which fines shall constitute liens upon the offending vessel enforceable through the district court of the United States for any district in which such vessel may be found, and clearance shall not be granted to such vessel until the fines have been paid. The towing vessel shall also be further liable to a penalty of $50 per ton on the measurement of every vessel towed in violation of this section, which sum may be recovered by way of libel or suit. "(b) The term 'person' as used in subsection (a) of this section, shall be held to include persons, firms, partnerships, associations, organizations, and corporations doing business or existing under or by the authority of the laws of the United States, or of any State, Territory, district, or other subdivision thereof. "(c) Any foreign railroad company or corporation, whose road enters the United States by means of a ferry, tuglboat, or towboat, may own such vessel and operate the same in connection with the water transportation of the passenger, freight, express, baggage, and mail 304 [54 STAT.