International rules for navigation at sea, see section 146g of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 286 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 208 of this title. § 347. Overtaking vessels to keep out of way; signals (Rule 22). (a) Notwithstanding anything contained in sections 301-352 of this title, every vessel, overtaking any other, shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam shall be deemed to be an overtaking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As the overtaking vessel cannot always know with certainty whether she is forward of or abaft this direction from the other vessel, she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. (b) When one steam vessel is overtaking another steam vessel, so as to involve risk of collision, and the overtaking vessel shall desire to pass on the right or starboard side of the other vessel, she shall give, as a signal of such desire, one distinct blast of her whistle, and if the overtaken vessel answers with one blast, shall direct her course to starboard; or if the overtaking vessel shall desire to pass on the left or port side of the other vessel, she shall give as a signal of such desire, two distinct blasts of her whistle and if the overtaken vessel answers with two blasts, shall direct her course to port. However, if the overtaken vessel does not think it is safe for the Overtaking vessel to attempt to pass at that time, she shall immediately so signify by giving several short and rapid blasts of her whistle, not less than four, and under no circumstances shall the overtaking vessel attempt to pass until such time as they have reached a point where it can be safely done, and the overtaken vessel shall have signified her willingness by blowing the proper signal, two blasts for the overtaking vessel to pass on the port side, one blast to pass on the starboard side, which signal shall be answered with a similar signal by the overtaking vessel before passing. After an agreement has been reached the overtaken vessel shall in no case attempt to cross the bow or crowd upon the course of the overtaking vessel. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION See note to section 301 of this title. AMENDMENTS 1948-Act May 21, 1948, amended section generally. International rules for navigation at sea, see section 146h of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 287 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 209 of this title. § 348. Vessel having right of way to keep course (Rule 23). Where by sections 342, 344, 345, and 347 of this title one of two vessels shall keep out of the way, the other shall keep her course, subject to the qualifications of section 350 of this title. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) International rules for navigation at sea, see section 146e of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 285 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 206 of this title. § 349. Danger signals; responding signals; additional signals (Rule 24). (a) If, when steam vessels are approaching each other either vessel for any reason fails to understand, or regards as unsafe, the course or intention of the other, the vessel in doubt shall immediately so signify by giving several short and rapid blasts of her whistle, at least four, the danger signal. (b) Whenever a steam vessel, whether ascending or descending, is nearing a bend in a channel where, from the height of the banks or other cause, a steam vessel approaching from the other direction cannot be seen for a distance of six hundred yards, such steam vessel, when within six hundred yards of such bend-or if she have a tow projecting ahead, then when the head of such tow is within six hundred yards of the bend-shall give a signal by three distinct blasts of her whistle, which signal shall be answered by a similar signal given by any approaching steam vessel that may be within hearing around the bend. Should such signal be so answered by a steam vessel upon the farther side of such bend, then, immediately upon sighting each other, the usual signals for meeting and passing shall be given and answered. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend shall be rounded with alertness and caution. (c) When a steam vessel is moved from her dock, or anchorage, she shall give the same signal as in the case of a steam vessel nearing a bend, but she and any approaching vessel shall be governed by sections 350 and 351 of this title until her course is apparent, and then both vessels shall be governed by the other steering and sailing rules. (For additional whistle signals and other regulations established by the Commandant, United States Coast Guard, see Pilot Rules for Western Rivers as prescribed under section 353 of this title.) (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION See note to section 301 of this title. AMENDMENTS 1948-Act May 21, 1948, amended section generally. EFFECTIVE DATE OF 1948 AMENDMENT Section as effective Jan. 1, 1949, see note set out under section 301 of this title. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. Similar rules CROSS REFERENCES International rules for navigation at sea, see sections 1461 and 147 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see sections 290 and 291 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title. § 350. Departure from rules to avoid collision (Rule 25). In obeying and construing sections 302-352 of this title due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the said sections necessary in order to avoid immediate danger. When such departure becomes necessary neither vessel shall have the right-of-way and both shall navigate with caution until danger of collision is over. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION This rule was added to R. S. § 4233 by amendment thereof by act Mar. 3, 1897, and required overtaken sailing vessel to show a torch or light. See, also, note to section 301 of this title. AMENDMENTS 1948-Act May 21, 1948, amended section generally. EFFECTIVE DATE OF 1948 AMENDMENT Section as effective Jan. 1, 1949, see note set out under section 301 of this title. Similar rules CROSS REFERENCES International rules for navigation at sea, see section 146k of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 292 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 212 of this title. § 351. Usual additional precautions required (Rule 26). Nothing in sections 302-352 of this title shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) International rules for navigation at sea, see section 147a of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 293 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 221 of this title. ORDERS § 352. Orders to helmsmen (Rule 27). All orders to helmsmen shall be given as follows: "Right rudder" to mean "Direct the vessel's head to starboard". "Left rudder" to mean "Direct the vessel's head to port." (Feb. 19, 1895, ch. 102, § 1, Rule 27, as added Aug. 21, 1935, ch. 595, § 4, 49 Stat. 669, and amended May 21, 1948, ch. 328, § 4, 62 Stat. 250.) MISCELLANEOUS PROVISIONS § 353. Establishment of special rules; publication; hearings. (a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 301 of this title, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference. (b) Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the proposed rules, alterations, amendments, or repeals, and public hearings shall be held with respect thereto on such notice as the Secretary deems reasonable under the circumstances. (R. S. § 4233A, as added May 21, 1948, ch. 328, § 4, 62 Stat. 250, and amended Aug. 14, 1958, Pub. L. 85-656, § 2, 72 Stat. 612.) REFERENCES IN TEXT This Act, referred to in subsec. (a), means act May 21, 1948, which is classified to sections 301-356 of this title. AMENDMENTS 1958 Subsec. (a) amended by Pub. L. 85-656, which substituted "Secretary of the Department in which the Coast Guard is operating" for "Commandant of the United States Coast Guard", authorized establishment of rules for day signals, eliminated provisions requiring posting of copies of the rules in a conspicuous place, and inserted provisions requiring, where practicable, every vessel and craft over 65 feet in length to keep a pamphlet on board and available for ready reference. Subsec. (b) amended by Pub. L. 85-656, which substituted "Secretary" for "Commandant of the United States Coast Guard" and "Commandant", and eliminated provisions requiring the hearing to be held before the Coast Guard Merchant Marine Council. EFFECTIVE DATE Section as effective Jan. 1, 1949, see note set out under section 301 of this title. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. CROSS REFERENCES Similar provisions— Navigation rules for Great Lakes and their connecting and tributary waters, see section 243 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 157 of this title. § 354. Penalties for violation by pilot, engineer, mate, or master. Every licensed or unlicensed pilot, engineer, mate, or master of any steam vessel, and every master or mate of any barge, canal boat, scow, or other nondescript craft, who neglects or refuses to observe the provisions of sections 301-352 of this title, or the regulations established in pursuance of section 353 of this title, shall be liable to a penalty not exceeding $500, and for all damages sustained by any passenger in his person or baggage by such neglect or refusal: Provided, That nothing herein shall relieve any vessel, owner, or corporation from any liability incurred by reason of such neglect or refusal. (R. S. § 4233B, as added May 21, 1948, ch. 328, § 4, 62 Stat. 250.) EFFECTIVE DATE Section as effective Jan. 1, 1949, see note set out under section 301 of this title. CROSS REFERENCES Similar provisions, navigation rules for harbors, rivers and inland waters generally, see section 158 of this title. § 355. Penalty for violations by vessel. Every vessel that shall be navigated without complying with the provisions of sections 301-352 of this title, or the regulations established in pursuance of section 353 of this title, shall be liable to a penalty of $500, one-half to go to the informer, for which sum the vessel so navigated shall be liable and may be seized and proceeded against by action in any district court of the United States having jurisdiction of the offense. (R. S. § 4233C, as added May 21, 1948, ch. 328, § 4, 62 Stat. 250.) EFFECTIVE DATE Section as effective Jan. 1, 1949, see note set out under section 301 of this title. CROSS REFERENCES Similar provisions Navigation rules for Great Lakes and their connecting and tributary waters, see section 244 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 159 of this title. Penalty for violation by vessel, see, also, section 303 of this title. § 356. Exemption of Navy and Coast Guard vessels from compliance with International Rules of the Road. Where any Navy or Coast Guard vessel of special construction, as certified to by the Secretary of the Navy, or the Secretary of the Treasury in the case of Coast Guard vessels operating under the Treasury Department, or such official or officials as either may designate, is now or may hereafter by virtue of statute, convention, or treaty, be exempt from compliance with any requirements of the International Rules of the Road, such type of vessel shall similarly be exempt from compliance with any corresponding requirement under the rules specified in sections 154, 157-159, 173, and 301-356 of this title. (May 21, 1948, ch. 328, § 4, 62 Stat. 250.) REFERENCES IN TEXT International Rules of the Road, referred to in the text, formerly classified as section 71-142 of this title, are now covered by sections 144-147d of this title. EFFECTIVE DATE Section as effective Jan. 1, 1949, see note set out under section 301 of this title. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. CROSS REFERENCES Lights on Navy or Coast Guard vessels Exemption from requirements, see sections 143a and 360 of this title. Exhibition suspended, see sections 222, 262, and 323 of this title. Chapter 5A.-EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION RULES Sec. 360. Vessels of special construction exempted from requirements as to number, position, etc., of lights; certification of lights; compliance where possible. 360a. Publication of notice and character and number of lights. § 360. Vessels of special construction exempted from requirements as to number, position, etc., of lights; certification of lights; compliance where possible. Any requirement as to the number, position, range of visibility, or arc of visibility of lights required to be displayed by vessels under sections 61-141 of this title; or sections 154-231 of this title; or sections 241-294 of this title; or sections 301-356 of this title, and all laws amendatory thereto, shall not apply to any vessel of the Navy or of the Coast Guard, where the Secretary of the Navy, or the Secretary of the Treasury in the case of Coast Guard vessels operating under the Treasury Department, or such official or officials as either may designate, shall find or certify that, by reason of special construction, it is not possible with respect to such vessel or class of vessels to comply with the statutory provisions as to the number, position, range of visibility, or arc of visibility of lights. The lights of any such exempted vessel or class of vessels shall, however, comply as closely to the requirements of the applicable sections as the Secretary shall find to be feasible. (Dec. 3, 1945, ch. 511, § 1, 59 Stat. 590.) REFERENCES IN TEXT Sections 61-141 of this title, referred to in the text, were repealed by act Oct. 11, 1951, ch. 495, § 5, 65 Stat. 407, eff. Jan. 1, 1954, and are now covered by sections 143147d of this title. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. TERMINATION DATE Section 3 of act Dec. 3, 1945, which provided that sections 360 and 360a of this title should terminate on June 30, 1948, was repealed by act Mar. 5, 1948, ch. 99, 62 Stat. 69. CROSS REFERENCES Similar exemption under international rules for navigation at sea, see section 143a of this title. §360a. Publication of notice and character and number of lights. When the Secretary of the Navy or the Secretary of the Treasury, or such official or officials as either may designate, shall make any finding or certification as prescribed in section 360 of this title, notice of such finding or certification and the character and position of the lights to be displayed on such vessel shall be published in "Notice to Mariners". (Dec. 3, 1945, ch. 511, § 2, 59 Stat. 591.) CROSS REFERENCES Similar provisions under international rules for navigation at sea, see section 143a of this title. Chapter 6.-GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT Sec. 361 Reports of accidents generally; penalty. 362. 363. 364. 365. 366. 367. 368. Report of probable loss of vessel; penalty. Transmission of reports to Commandant of the Coast Guard. Remission and recovery of penalties. Reports by owners, etc., of barges in tow. Duty of master of vessel in collision to give aid, Penalty for failure to give aid, etc. § 361. Reports of accidents generally; penalty. Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. (June 20, 1874, ch. 344, § 10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.) CHANGE OF NAME References to collector of customs were changed to Coast Guard official on authority of 1946 Reorg. Plan No. 3. See note under section 1 of Title 46, Shipping. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. § 362. Report of probable loss of vessel; penalty. Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the Coast Guard official of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the Coast Guard official of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100. (June 20, 1874, ch. 344, § 11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.) CHANGE OF NAME References to collector of customs were changed to Coast Guard official on authority of 1946 Reorg. Plan No. 3. See note under section 1 of Title 46, Shipping. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. § 363. Transmission of reports to Commandant of the Coast Guard. It shall be the duty of the Coast Guard officials to immediately transmit to the Commandant of the Coast Guard such reports and information as they may receive under the provisions of sections 361 and 362 of this title, and they shall also report to the Commandant of the Coast Guard any neglect or refusal on the part of the managing owner, agent, or master of any vessel of the United States to comply with the requirements thereof. (June 20, 1874, ch. 344, § 12, 18 Stat. 128; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) CODIFICATION The original text of section 12 of act June 20, 1874, provided for transmission of reports to the Secretary of the Treasury. By act Feb. 14, 1903, the duties, power, etc., of the Secretary of the Treasury relating to merchant vessels were transferred to the Secretary of Commerce and Labor who was designated the Secretary of Commerce by act Mar. 4, 1913. CHANGE OF NAME "Commandant of the Coast Guard" was substituted for "Secretary of Commerce" and "Coast Guard officials" for "collector of customs" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of Title 46, Shipping. EXCEPTIONS FROM TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. § 364. Remission and recovery of penalties. The Commandant of the Coast Guard may, upon application therefor, remit or mitigate any penalty provided for in sections 361-363 of this title, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties provided in said sections may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section 396 of this title. (June 20, 1874, ch. 344, § 13, 18 Stat. 128; Mar. 3, 1897, ch. 389, § 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.) CODIFICATION Section 13 of act June 20, 1874, was amended by act Mar. 3, 1897, by striking out, after the words "as he, in his discretion, shall think proper," the words "all penalties herein before provided shall be prosecuted by indictment or information before the proper district court for the use of the United States," and inserting, in place thereof, the words "All penalties herein provided," etc., to the end of said section. The penalties referred to in said section 13 are the penalties prescribed by sections 361 and 362 of this title. The original text of said section 13 referred to the Secretary of the Treasury instead of the Secretary of Commerce. By act Feb. 14, 1903, the duties, power, etc., of the Secretary of the Treasury relating to merchant vessels |