33 U.S.C. § 391: Summary trials authorized

Summary

The U.S. attorney must investigate complaints that a crew member on a vessel owned in whole or part by a U.S. citizen broke a non-capital, non-infamous federal law protecting people or property involved in trade or navigation. If a quick trial fits, the district judge must try the case promptly and may hold a special court session.

Title 33, §391

Navigation and Navigable Waters, Source: USLM XML via OLRC

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 United States attorney to investigate 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.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 4300 derived from act June 11, 1864, ch. 121, § 2, 13 Stat. 124.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney”. See section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Notes

set out thereunder.

§391 Summary Trials Authorized