exercise of its discretion, assume jurisdiction of a claim for wages against a foreign vessel, especially when there is no consul within its jurisdiction.8 § 1525. arrest on application of consul-examination. In all cases within the purview of the preceding section the consul general, consul, or other consular or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any commissioner of a circuit court, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping articles, roll or other proper paper of the vessel, to the effect that the person in question is of the crew or ship's company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or commissioner shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. p. 2766. R. S. § 4080, U. S. Comp. Stat. 1901, If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or commis 8 The Amalia, 3 Fed. 652; The Salomoni, 29 Fed. 534. 9 Act June 11, 1864, c. 116, § 2, 13 Stat. 121. sioner finds, upon the papers herein before referred to, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign vessel, or, whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application. R. S. § 4081, U. S. Comp. Stat. 1901, p. 2767. The above section was first enacted in 1864.11 § 1527. Summary trials of offenses against navigation laws. 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 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. R. S. § 4300, U. S. Comp. Stat. 1901, p. 2952. The above section was carried forward into the Revised Statutes from 11 Act June 11, 1864, § 2, 13 Stat. 121. an act of 1864.12 By the act of 188813 the provisions of the Revised Statutes for the trial of certain offenses against the navigation laws as set forth in this and following sections14 apply to the trial of offenses against the provisions of §§ 4 and 5 of that act, as to the observance of signals, in laying and repairing submarine cables and as to the duties of fishing vessels in keeping their nets out of the way. R. S. § 563, gives the district court jurisdiction over all crimes and offenses not capital committed on the high seas.15 At the summary trial of offenses against the laws for the 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. R. S. § 4301, U. S. Comp. Stat. 1901, p. 2953. The above section was originally enacted in 1864.17 It seems doubtful whether that part of the section providing for trial by the court is constitutional, and it is usual therefore to try all contested cases by jury.18 Summary proceedings are put substantially on the footing of civil cases, and due verification of the complaint is waived by the voluntary appearance of the accused. 19 § 1529. amendments and adjournments. It shall be lawful for the court to allow the district attorney 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 12 Act June 11, 1864, c. 121, § 2, 13 Stat. 124. 13 Act Feb. 29, 1888, c. 17, § 11, 25 Stat. 42. 14 Ante, §§ 1528-1531. 15 See ante, § 193. 17 Act 11 June, 1864, c. 121, §§ 3, 4, 13 Stat. 125. 18 In re Smith, 13 Fed. 26. 19 United States v. Smith, 17 Fed. 510. 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. R. S. § 4302, U. S. Comp. Stat. 1901, p. 2953. The above section was carried into the Revised Statutes from an act of 1864.1 § 1530.- challenges to jurors. At the trial in summary cases, if by jury, the United 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. R. S. § 4303, U. S. Comp. Stat. 1901, p. 2953. The above section was carried into the Revised Statutes from an act of 1864.2 It shall not be lawful for the court to sentence any person convicted in 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. R. S. § 4304, U. S. Comp. Stat. 1901, p. 2953. The above section was first enacted in 1864.3 1 Act 11 June, 1864, c. 121, § 6, 13 Stat. 125. 2 Act June 11, 1864, c. 121, § 7, 13 Stat. 125. 3 Act June 11, 1864, c. 121, § 5, 13 Stat. 125. CHAPTER 47. ARREST AND BAIL, CIVIL AND CRIMINAL. § 1537. Offenders against United States, how arrested and removed for trial. § 1538. to be taken before nearest officer for hearing-complaint to be attached to warrant. § 1539. Removal of bankrupt from one district to another. § 1540. § 1541. § 1542. § 1543. Excessive bail prohibited. Removal of offenders to and from the Philippine Islands. § 1546. § 1547. § 1548. Bail on appeal to Supreme Court from highest State court. § 1550. § 1551. When increased bail required-commitment for want thereof. § 1552. Special bail in suits for duties and penalties. § 1553. § 1554. § 1555. § 1556. § 1557. Defendant giving bail in one district committed in another-dis —such defendant held until judgment and sixty days thereafter. When clerks may take recognizances of special bail de bene esse. § 1558. Imprisonment for debt. right and proceedings as to discharge same as in State court. -same right to privilege of jail limits. Penalty for allowing prisoners to escape. § 1559. § 1560. § 1561. § 1562. -applies to prisoners charged as well as convicted. § 1537. Offenders against United States, how arrested and re moved for trial. For any crime or offense against the United States the offender may, by any justice or judge of the United States, or by any commissioner of a circuit court to take bail, or by any chancellor, judge |