carry into effect the provisions of the treaty between the United States and Great Britain, signed in the city of Washington the eighth day of May, eighteen hundred and seventy-one, relating to the fisheries," so far as it relates to the articles of said treaty so to be terminated shall be and stand repealed and be of no force on and after the time of the expiration of said two years.

340. Special privilege for foreign war vessels.

The privilege of purchasing supplies from the public R. S., 2982. warehouses duty free, shall be extended, under such regulations as the Secretary of the Treasury shall prescribe, to the vessels of war of any nation in ports of the United States which may reciprocate such privilege toward the vessels of war of the United States in its ports.

341. Navy ration.

The Navy ration shall consist of the following daily allowance of provisions to each person: One pound of salt pork, with half a pint of beans or peas; or one pound of salt beef, with half a pound of flour and two ounces of dried apples, or other dried fruit; or three-quarters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated "mixed vegetables "; or three-quarters of a pound of preserved meat, two ounces of butter, and two ounces of desiccated potatoes; together with fourteen ounces of biscuit, one quarter of an ounce of tea, or one ounce of coffee or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar.

R. S., 1580.

The following substitution for the components of the R. S., 1581. ration may be made when it is deemed necessary by the senior officer present in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vege tables equal to the same in value; for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half pound of rice; for half a pint of beans or peas, half a pound of rice, and for half a pound of rice, half a pint of beans or peas. And the Secretary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, and six ounces of desiccated tomatoes for two ounces of desiccated potatoes May 3, 1880. if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration: Provided, That the same shall be acceptable to the men.

342. Proposed maritime canals.

For the purpose of ascertaining the feasibility, perma- Mar. 2, 1895. neuce, and cost of the construction and completion of Nicaragua Canal by the route contemplated and provided for by an Act which passed the Senate January twenty

eighth, eighteen hundred and ninety-five, entitled "An Act to amend the Act entitled 'An Act to incorporate the Maritime Canal Company of Nicaragua,' approved February twentieth, eighteen hundred and eighty-nine," twenty thousand dollars, to be expended under the direction of the Secretary of State.

And a board of three engineers is hereby constituted to make the survey and examination necessary for such ascertainment; said board to be selected and appointed by the President of the United States, one from the Corps of Engineers of the United States Army, one from the Engineers of the Navy, and one from civil life; and the compensation of the members of said board shall be fixed by the President, not to exceed five thousand dollars each, including such pay as the engineers so selected are receiv ing, for the time they are so employed, from the Government. And the said board, under such arrangements and regulations as shall be made by the Secretary of State with the approval of the President of the United States, shall visit and personally inspect the route of the said canal, examine and consider the plans, profiles, sections, prisms, and specifications for its various parts, and report thereon to the President; and should they ascertain that any deviation from the general line of the proposed route is desirable, they shall so state in their findings and conclusions with regard thereto in their report. And said board shall make their report on or before November first, eighteen hundred and ninety-five; and the appropriation shall be immediately available.

The President of the United States is authorized to appoint, immediately after the passage of this Act, three persons, who shall have power to meet and confer with any similar committee which may be appointed by the Government of Great Britain or of the Dominion of Canada, and who shall make inquiry and report whether it is feasible to build such canals as shall enable vessels engaged in ocean commerce to pass to and fro between the Great Lakes and the Atlantic Ocean, with an adequate and controllable supply of water for continual use; where such canals can be most conveniently located, the probable cost of the same, with estimates in detail; and if any part of the same should be built in the territory of Canada, what regulations or treaty arrangements will be necessary between the United States and Great Britain to preserve the free use of such canal to the people of this country at all times; and all necessary facts and considerations relating to the construction and future use of deep-water channels between the Great Lakes and the Atlantic Ocean. The persons so appointed shall serve without compensation in any form, but they shall be paid their actual traveling and other necessary expenses, not exceeding in all ten thousand dollars, for which purpose the said sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated. The President may, in his discretion, detail as one of such persons an officer of the Army or Navy.

343. Seizure.

PART XL-LEGAL PROCEDURE.

| 344. Summary trial.

343. Seizure.

Proceedings on seizures, for forfeiture under any law of R. S., 734. the United States, made on the high seas may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided.

When any vessel, goods, wares, or merchandise are seized by an officer of the customs, and prosecuted for forfeiture by virtue of any law respecting the revenue, or the registering or recording, or the enrolling and licensing of vessels, the court shall cause fourteen days' notice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure, and by posting up the same in the most public manner for the space of fourteen days, at or near the place of trial; and proclamation shall be made in such manner as the court shall direct. And if no person appears and claims such vessel, goods, wares, or merchandise, and gives bond to defend the prosecution thereof and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law.

R. S., 923.

All vessels, goods, wares, or merchandise which shall be R. S., 939. condemned by virtue of any law respecting the revenue from imports or tonnage, or the registering and recording, or the enrolling or licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other proper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public newspapers of the place where such sale shall be; or if no paper is published in such place, in one or more of the papers published in the nearest place thereto; for which advertising, a sum not exceeding five dollars shall

R. S., 940.

R. S., 970.

R. S., 971.

R. S., 978.

be paid. And the amount of such sales, deducting all proper charges, shall be paid within ten days after such sale by the person selling the same to the clerk or other proper officer of the court directing such sale, to be by him, after deducting the charges allowed by the court, paid to the collector of the district in which such seizure or forfeiture has taken place, as hereinbefore directed.

In any cause of admiralty and maritime jurisdiction, or other case of seizure, depending in any court of the United States, any judge of the said court, in vacation, shall have the same authority to order any vessel, or cargo, or other property to be delivered to the claimants, upon bail or bond, or to be sold when necessary, as the said court has in term time, and to appoint appraisers, and exercise every other incidental power necessary to the complete execution of the authority herein granted; and the recognizance of bail or bond, under such order, may be executed before the clerk upon the party's producing the certificate of the collector of the district, of the sufficiency of the security offered; and the same proceedings shall be had in the case of said order of delivery or of sale, as are had in like cases when ordered in term time: Provided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases.

When, in any prosecution commenced on account of the seizure of any vessel, goods, wares, or merchandise, made by any collector or other officer, under any act of Congress authorizing such seizure, judgment is rendered for the claimant, but it appears to the court that there was reasonable cause of seizure, the court shall cause a proper certificate thereof to be entered, and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judgment on account of such suit or prosecution: Provided, That the vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claimant or his agent.

If, in any suit against an officer or other person executing or aiding or assisting in the seizure of goods, under any act providing for or regulating the collection of duties on imports or tonnage, the plaintiff is nonsuited, or judg ment passed against him, the defendant shall recover double costs.

When proceedings are had before a court of the United States or of the Territories, on several libels, against any vessel and cargo, which might legally be joined in one libel, there shall not be allowed thereon more costs than on one libel, unless special cause for libeling the vessel and cargo separately is satisfactorily shown on motion in open court. And in proceedings on several libels or informations against any cargo, or parts of cargo, ormerchandise seized as forfeited for the same cause, there shall not be allowed more

costs than would be lawful on one libel or information, whatever may be the number of owners or consignees therein concerned. But allowance may be made on one libel or information for the costs incidental to several claims.

When judgment is rendered in favor of the claimant of R. S., 979. any vessel or other property seized on behalf of the United States, and libeled or informed against as forfeited under any law thereof, he shall be entitled to possession of the same when his own costs are paid.

344. Summary trial.

Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the district attorney to inves tigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term time or vacation.

R. S., 4300.

At the summary trial of offenses against the laws for the R. S., 4301. protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the Court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counter-statement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty.

It shall be lawful for the court to allow the district attor- R. S., 4302. ney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court.

At the trial in summary cases, if by jury, the United R. S., 4303. States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers.