Chapter CXXI. *to provide for the summary Trial of minor Offences against the Laws of the United States.* June 11, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Special sessions of United States district courts may be held to try, &c
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Chap. CXXI.— An Act *to provide for the summary Trial of minor Offences against the Laws of the United States.* June 11, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Special sessions of United States district courts may be held to try, &c. That it shall be lawful for the judge of any district court of the United States to hold a special session of said court at any time, whether in term or vacation, for the trial of minor offences against the laws of the United States, as hereinafter provided.
Sec. 2. Complaints against officers and mariners of vessels, for offences not capital or infamous, to be*And be it further enacted*, That whenever a complaint shall be made against any master, officer, or mariner of any ship or vessel belonging, in whole or in part, to any citizen or citizens of the United States, of the commission of any offence, not capital or otherwise infamous, against any law of the United States made for the protection of persons or prop-THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 121, 122, 123. 1864.125erty engaged in commerce or navigation, it shall be the duty of the districtinvestigated by district attorney, and summarily tried. attorney to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried under the provisions of this act, he shall report the same in 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.
Sec. 3. *And be it further enacted*, That at such trial it shall not beNo indictment necessary. necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath, in writing, shall be presented toWritten complaint on oath. the court, setting out the offence in such manner as clearly to apprize the accused of the character of the offence complained of, and to enable himDefendant may answer and make counter-statement. to answer the complaint.
And the said complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. Sec. 4. *And be it further enacted*, That the said trial shall thereuponSummary trial to be bad by the court. 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 complaintJury. and plea of not guilty.
Sec. 5. *And be it further enacted*, That it shall not be lawful for theLimit of sentence in such cases. court to sentence any person convicted on such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine. Sec. 6. *And be it further enacted*, That it shall be lawful for the courtComplaint or statement may be amended, &c. to allow the district attorney to amend his statement or 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 appear 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.
Sec. 7. *And be it further enacted*, That at such trial, if by jury,If trial by jury, peremptory challenges allowed.Other challenges. the United States and the accused shall each be entitled to three per-emptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. Approved, June 11, 1864.