789 



of such scov^s or boats, before proceeding to take or 

 tow the same to the place of deposit, shall apply for 

 and obtain from the supervisor of the harbor ap- 

 pointed, as provided in section 451 of this title, a per- 

 mit defining the precise limits within which the dis- 

 charge of such scows or boats may be made; and It 

 shall not be lawful for the owner or master, or per- 

 son acting in such capacity, of any tug or towboat 

 to tow or move any scow or boat so loaded with such 

 forbidden matter until such permit shall have been 

 obtained: and every person violating the foregoing 

 provisions of this section shall be deemed guilty of 

 a misdemeanor, and on conviction thereof shall be 

 punished by a fine of not more than $1,000 nor less 

 than $500. and in addition thereto the master of any 

 tug or towboat so offending shall have his license 

 revoked or suspended for a term to be fixed by the 

 judge before whom tried and convicted. (June 29. 

 1888. ch. 498. § 3, 25 Stat. 209; Aug. 18. 1894, ch. 299. 

 § 3, 28 Stat. 360: May 28, 1908. ch. 212, § 8. 35 Stat 

 426.) 



§444. Dumping at other place than designated dump- 

 ing grounds; penalty; person liable; excuses for 

 deviation. ' 



Any deviation from such dumping or discharging 

 place specified in such permit shall be a misdemeanor, 

 and the owner and master, or person acting in the 

 capacity of master, of any scows or boats dumping 

 or discharging such forbidden matter in any place 

 other than that specified in such permit shall be 

 liable to punishment therefor as provided in section 

 441 of this title: and the owner and master, or person 

 acting in the capacity of master, of any tug or tow- 

 boat towing such scows or boats shall be liable to 

 equal punishment with the owner and master, or 

 person acting in the capacity of master, of the 

 scows or boats: and, further, every scowman or 

 other employee on board of both scows and towboats 

 shall be deemed to have knowledge of the place 

 of dumping specified in such permit, and the owners 

 and masters, or persons acting in the capacity of 

 masters, shall be liable to punishment, as aforesaid, 

 for any unlawful dumping, within the meaning of 

 sections 441 to 452 of this title, which may be caused 

 by the negligence or ignorance of such scowman or 

 other employee: and. further, neither defect in ma- 

 chinery nor avoidable accidents to scows or towboats. 

 nor unfavorable weather, nor improper handling or 

 moving of scows or boats of any kind whatsoever 

 shall operate to release the owners and master and 

 employees of scows and towboats from the penalties 

 mentioned in section 441 of this title. (June 29. 1888. 

 ch 496, § 3. 25 Stat. 209: Aug. 18. 1894. ch. 299, § 3, 

 28 Stat. 360; May 28, 1908, ch. 212, § 8. 35 Stat. 426.) 



****** 

 §446. Inspectors; appointment, powers, and duties. 



Each supervisor of a harbor is authorized and 

 directed to appoint inspectors and deputy inspectors, 

 and for the purposes of enforcing sections 441 to 452 

 of this title, and of detecting and bringing to pun- 

 ishment offenders against the same, the said super- 



visor of the harbor, and the inspectors and deputy 

 inspectors so appointed by him, shall have power 

 and authority. 



First. To arrest and take into custody, with or 

 without process, any person or persons who may 

 commit any of the acts or offenses prohibited by sec- 

 tions 441 to 451b of this title, or who may violate any 

 of the provisions of the same: Provided, That no 

 person shall be arrested without process for any of- 

 ' fense not committed in the presence of the super- 

 visor or his inspectors or deputy inspectors, or either 

 of them: And provided further, That whenever any 

 such arrest is made the person or persons so arrested 

 shall be brought forthwith before a comttiissioner, 

 judge, or court of the United States for examination 

 of the offenses alleged against him; and such com- 

 missioner, judge, or court shall proceed in respect 

 thereto as authorized by law in case of crimes against 

 the United States. 



Second. To go on board of any scow or towboat 

 engaged in unlawful dumping of prohibited material, 

 or in moving the same without a permit, as required 

 in section 443 of this title, or otherwise violating 

 title, and to seize and hold said boats until they are 

 discharged by action of the commission, judge, or 

 court of the United States before whom the offend- 

 ing persons are brought. 



Third. To arrest and take into custody any wit- 

 ness or witnesses to such unlawful dumping of pro- 

 hibited material, the said witnesses to be released 

 under proper bonds. 



Fourth. To go on board of any towboat having in 

 tow scows or boats loaded with such prohibited ma- 

 terial, and accompany the same to the place of 

 dumping, whenever such action appears to be neces- 

 sary to secure compliance with the requirements of 

 sections 441 to 452 of this title. 



Fifth. To enter gas and oil works and all other 

 manufacturing works for the purpose of discovering 

 the disposition made of sludge, acid, or other injuri- 

 ous material, whenever there is good reason to be- 

 lieve that such sludge, acid, or other injurious mate- 

 rial is allowed to run into tidal waters of the harbor 

 in violation of section 441 of this title. (June 29. 

 1888. ch. 496, § 3. 25 Stat. 209: Aug. 18. 1894, ch. 299, 

 § 3. 28 Stat. 360; May 28. 1908. ch. 212. § 8. 35 Stat. 

 426; Aug. 28. 1958. Pub. L. 85-802. § 1 (3), 72 Stat. 

 970.) 



§447. Bribery of in.spector; penalt.v. 



Every person who. directly or indirectly, gives any 

 sum of money or other bribe, present, or reward, or 

 makes any offer of the same to any inspector, deputy 

 inspector, or other employee of the office of any su- 

 pervisor of a harbor with intent to influence such 

 inspector, deputy inspector, or other employee to 

 permit or overlook any violation of the provisions of 

 sections 441 to 451b of this title, shall, on con\action 

 thereof, be fined not less than $500 nor more than 

 $1,000. and be imprisoned not less than six months 

 nor more than one year. (June 29. 1888. ch 496. 

 5 3. 25 Stat. 209; Aug. 18. 1894. ch. 299. § 3. 28 Stat 

 360. May 28, 1908. ch. 212. § 8. 35 Stat. 426; Aug. 28. 

 1958, Pub. L. 85-802, § 1 (4). 72 Stat. 970.) 



