OFFENSES ON THE HIGH SEAS. See Indictment; Piracy. 1. IN GENERAL. 2. REVOLT OR MUTINY. 3. CONFINING THE CAPTAIN. 4. USING WEAPON BY MASTER. 5. PUNISHMENT OF SEAMEN, 6. LEAVING SEAMAN IN FOREIGN PORT. 7. CASTING AWAY VESSEL. 1. IN GENERAL. under act of 1835. providing protection of crew against master, "crew" includes all indictment for various. Crimes, §§ 2629-37. the master may remove the mate, who cannot use force to prevent. Crimes, § 420. master neglecting to pick up drowning seaman. Crimes, $ 618, 654, 65S. port of discharge, what. Crimes, § 431; end of voyage, what, § 497. ship or boat o ficers not taking precautions. Crimes, 623, 624, 659-661, 697. plundering wreck, what. Crimes. § 490. a cooper is a seaman. Crimes, § 491. foreign seaman on foreign vessel not punished, when. Crimes, § 493. using British pass by owner or commander. Crimes, § 506. self-defense, how shown. Crimes. § 498. act on sea followed by death on land, where punished. Crimes, §§ 627, 665-669. a. In general. need not be on high seas; may be in foreign or home port. Crimes, §§ 421-423. ordering sick sailor aloft may be murder or manslaughter. larceny of prize cargo. Crimes, § 588. b. What is a revolt. See post, 3. Crimes, § 500. mutiny, and attempt to make one, are offenses against the master. Crimes, §§ 375, defined. Crimes, § 388, 399–406. when the obedience of lawful orders is prevented by intimidation. Crimes, § 396. effect of refusal to proceed; shipping articles referred to. Crimes, § 431. c. What is not a revolt. See infra, e. mere combination to refuse to pursue the business of the vessel. Crimes, § 397. the crew may disarm the master, when. Crimes, § 409. may refuse to perform duty for unseaworthiness, when. Crimes, $$ 410-413. d. Attempt to revolt, what. e. defined. Crimes, § 385, 386, 387, 389, 402, 407. illegal combination of crew, disobedience and incitement thereto, so as to destroy must be effort to stir up others to disobedience. Crimes, § 392, 393. violently preventing punishment of seaman. Crimes, § 400. need not be previous conspiracy or illegal combination. Crimes, § 401. actual disobedience to some order not necessary. Crimes, § 402. conspiracy by two or more to disobey, followed by mutual encouragement therein. attack on master must be coupled with intent to usurp his authority. Crimes, new master may be substituted for old. Crimes, SS 416-419. it may be committed in a home port. Crimes, § 421. may be on vessel, not a ship. Crimes, § 435. what not. a mere act of disobedience to a lawful command. Crimes, § 385. insolent conduct of seamen, disobedience or violence to master. Crimes, §§ 390, conspiracy to revolt, without some overt act. Crimes, § 395. excuse for, by bad habits or incompetency of master. Crimes, § 417. refusal of one seaman to obey. Crimes, § 424. just refusal for deviation. Crimes, § 425. OFFENSES ON THE HIGH SEAS, REVOLT OR MUTINY - continued. but not the crew of vessel not licensed and enrolled, under act of 1835. Crimes, nor the crew of whaler, when. Crimes, § 434. seamen need not be American citizens, if on American vessel. Crimes, §§ 493, 494. g. High seas, what. See Piracy. ship in harbor, tied to the shore, is in. Crimes, §§ 374, 378. great lakes not, when. Crimes, § 483. sea outside of bar is. Crimes, § 492. h. Evidence. that ship is American property, sufficient. Crimes, §§ 373, 377. i. Jurisdiction. mutiny, etc., committed on American ship in foreign jurisdiction, are cognizable so if committed on ship in a river. Crimes, § 446. j. Indictment. attempt to revolt may be charged in words of act of 1825. Crimes, § 380. 3. CONFINING THE CAPTAIN. what is the offense of; when justified; assault and battery, not. 4. USING WEAPON BY MASTER. when justifiable; when not. Crimes, $$ 454–457. 5. PUNISHMENT OF SEAMEN. when justifiable; malice, what. Crimes, $$ 458-468. Crimes, SS 439–453. "crew," in act of 1835, includes all except master. Crimes, §§ 376, 381-384. imprisonment must be malicious, etc. Crimes, § 499. 6. LEAVING SEAMAN IN FOREIGN PORT; FORCING HIM ASHORE. what constitutes offenses of; malice essential, when. Crimes, §§ 469-478. 7. CASTING AWAY OR BURNING VESSEL. offense of, what; what not. Crimes, §§ 479–489. OFFENSES BY OFFICERS. See Conspiracy; Postoffice. act of 1846. clerk of assistant treasurer of the United States is an officer or person, etc. Crimes, so of a postoffice clerk acting as a cashier. Crimes, § 848. applies to subordinate as well as principal officers. Crimes, § 839. act of 1866. clerk of assistant treasurer not within the. Crimes, §§ 832, 835–811. act of 1873. surgeon is within the. Crimes, §§ 833, 842, 813. a justice of the peace is liable for attempting to obstruct justice in a federal court. a clerk at currency counter in treasury department is an officer. Crimes, 846. proposal by defauiting officer to deposit sum to secure balance to be found against him, criminal intent unnecessary; negligence enough. Crimes, § 849. an officer acts fraudulently when. Crimes, § 850. by justice of the peace for irregular discharge of prisoner, and taking money for bail. by constable, for acting without giving bond. Crimes, § 1439. persons confederating with officers to obtain loans of public moneys. Crimes, § 1440. OFFENSES RELATING TO INDIANS. See Alaska. homicide in country of, tried on federal side of territorial court. Crimes, § 1254. crimes of Indians against Indians not punishable; white adopted into a tribe not an selling liquor to Indians is a crime without the reservation, when. Crimes, § 1257. exception, *an Indian in an Indian country," in § 2139, R. S., explained. Crimes, Oregou is an "Indian country." Crimes, § 1260. "Indian country" is that declared by congress to be such. Crimes, § 1261. OFFENSES UNDER PENSION LAWS. of withholding money from pensioner, complete when received and not paid over on no defense that statute requires money to be paid to pensioner. Crimes, § 1035. agent may retain his legal fees, and any sum lawfully agreed on, on independent con- cannot withhold either the check or the money. Crimes, SS 1024, 1028. money protected by statute until paid over unconditionally. Id. power of congress. Crimes, § 1029. when check deposited in bank it is no longer protected by statute. Crimes, § 1031. statute of limitations runs on, but each claim on certificate a new offense. Crimes, indictment charging receipt of illegal fees, held bad. Crimes. § 1036. See § 1040. legal fees, what. Id. claimant in act of 1864 means pension claimant. Crimes, § 1039. who are agents. Crimes, § 1041. a pension is "allowed" when commissioner directs its payment. Crimes, § 1042. OFFICE. what is an; distinction between a government office and a government contract. OFFICERS. See Corruption; Offenses by Officers; Removal of Causes; Resisting an Officer. P. PARDON. See District Attorney; Principal and Accessory. 1. GENERALLY. 2. WHO MAY PARDON. 3. WHAT AMOUNTS TO. 4. CONSTRUCTION AND EFFECT. 1. GENERALLY. of accessory testifying for prosecution. Crimes, SS 3028, 3029-30, 3053. is a deed to which delivery is essential. Crimes, $$ 3232, 3245-47, 3291–92. accused may be re-arrested after conditional. Crimes, § 3238, 3257-62. effect of agreements for immunity. Crimes, § 3474. proclamation of amnesty of December 8, 1863, embraced previous convictions. Crimes, and amnesty, synonymous. Crimes, § 3282. may be conditional; conditions must be lawful; compliance with conditions necessary; when payment of fine condition precedent; sec. 1042, R. S. Crimes, § 3301. need not be accepted; writ of error. Crimes, § 3299. 2. WHO MAY PARDON. the president; he may also commute death penalty to life imprisonment. and may grant conditional pardon. Crimes, § 3255. Crimes, power of the president; he may remit costs, fines (except when paid), forfeitures and indirect pardon by district attorney, see District Attorney. secretary of treasury may remit certain penalties. Crimes, § 3287. a part of sentence at one time and part at another may be remitted. Crimes, § 3289. before conviction, when. Crimes, $$ 3302-3305. 3. WHAT AMOUNTS TO. See District Attorney. 3328–32. PARDON- continued. 4. CONSTRUCTION AND EFFECT. as any public law, applying well settled rules. Crimes, SS 3240, 3257–62. effect limited to offense recited; for conspiracy, does not embrace forfeiture of property, restores right to practice law, when. Crimes, $3288. not an estoppel, if inoperative. Crimes, § 3290. restores innocence, in a legal sense; is prospective; restores civil rights; releases disa- does not affect past condemnation and sale. Crimes, §§ 3318, 3320. restores property; also pecuniary penalty, if it has not reached the treasury. Crimes, releases the penalty, if general; vested rights of third persons not impaired. Crimes, when the recipient of, may recover property condemned. Crimes, §§ 3235, 3248-51. effect of remitting fine after death. Crimes, § 3321. a bar to a civil suit for penalty. Crimes, § 3324-27. cannot divest right of informer to fine. Crimes, § 3333-35. See § 3336. unless it has not passed into judgment. Crimes, § 3335. pardon for participation in rebellion, effect of. Crimes, SS 3339-44. act of 1870 as to effect of, void, as invading judicial and executive power. Crimes, proclamation of 1863 abrogated by that of 1865. effect of. Crimes, 3347–49. Crimes, § 3316. Crimes, SS 3350-62. effect of amnesty of 1864, 1865, 1867 and 1869. PASSENGER TRAFFIC. See Police Power. PAY AND BOUNTY. See Bounty. PENSIONS. See Offenses under Pension Laws. commissioner of, not head of department. Crimes, § 843. PERJURY. 1. IN GENERAL. 2. CRIMINAL INTENT. 8. MATERIALITY. 4. OATH. 5. WHO MAY ADMINISTER OATH. 6. JURISDICTION. 7. INDICTMENT. 1. IN GENERAL. punishment for. Crimes. 3080. must be a fact falsely stated with knowledge of its falsity. false affidavit under Virginia claims act indictable. Crimes, § Crimes, SS 1043, 1046, 1045, 1048-54. under act of 1823 the oath need not be in a judicial proceeding. Crimes, § 1018. to cheat the government, a misdemeanor. Crimes, § 1053. not sufficiently proved by second affidavit contradicting first. Crimes, § 1069. proceeding in orphans court judicial. Crimes, § 1073. two witnesses no longer needed; proof may be by books, etc., when. Crimes, § 1064. in what cases not required. Crimes, § 1066. promissory oath is not. Crimes, § 1088. same false oath on two occasions, may be conviction on two counts. Crimes, § 1089. quare, whether mere rash or reckless statements can be criminal. Crimes, SS 1044, swearing on inducement of friends, and on statement that matter true, not indictable; See § 1050. whether oath made on misconstruction of law, a question for jury. Crimes, § 1059. false oath which deponent thinks he is not obliged to make, not indictable. repeal of bankrupt law carried perjuries thereunder. Crimes, § 1098. Crimes, PERJURY- continued. 3. MATERIALITY. testimony of witness must have been material to the issue. Crimes, § 1063. 4. OATH, WHAT. manner of administering. Crimes, § 1077. a. Voluntary oaths. false, as to income tax, indictable. Crimes, § 1067. so as to false oath as to naturalization. Crimes, § 1068. b. Case in which oath authorized. See Crimes, § 1081. of witness as to his travel for mileage. Crimes, § 1033, 1084. as to fishing bounty. Crimes, $ 1090, 1091–1094. in proceedings under bankrupt law. Crimes. S 1098-1101. Crimes, § 1090. testimony in a prosecution for an act not really an offense. Crimes, § 1082. 5. WHO MAY ADMINISTER OATHS. magistrate authorized by secretary of the treasury, under act of 1832. Crimes, § 1049. Crimes, § 1075. deputy clerk, in presence of court. Crimes, § 1074. 6. JURISDICTION. false swearing in judicial investigation under congressional act is perjury. Crimes, § 1085. 7. INDICTMENT. See Indictment. a. What must be stated. legal authority and jurisdiction of officer taking oath; indictment held bad. that the proceeding was one in which oath required. Crimes, § 2508; Id. the particular charge in such proceeding. Id.; § 2509, 2514–15. that suborned testimony was false to knowledge of accused. Crimes, §§ 2510–11, and that the persons suborned knowingly and wilfully swore falsely. Crimes, official title of officer taking oath. Crimes, § 2513. that defendant knowingly and corruptly swore false. Crimes, § 2529. the proceeding; that it was before a "judge sitting in bankruptcy," good. Crimes, time it took place. Crimes, § 2526. forum or officer. Crimes, § 2531. b. What need not be. materiality, when it appears from face of charge. Crimes, §§ 2520-21. act requiring the oath. Crimes, § 2530. in bankruptcy; petition need not be set out, when. is an officer, when. Crimes, § 430. PIRACY. 1. IN GENERAL. 2. WHAT IS. 3. WHAT IS NOT. 4. PUNISHMENT. 5. EVIDENCE. 1. IN GENERAL POWER OF CONGRESS. to define piracy. Crimes, § 511, 532–534. Crimes, § 2523. Crimes, § 2525. cannot make that piracy which was not by the law of nations, so as to give jurisdiction to punish piracy with death. Crimes, § 583. confederating, combining, etc., is what. Crimes, §§ 586, 587. indictment for. Crimes, § 2641. See Indictment. 2. WHAT IS PIRACY. an offense against the law of nations. Crimes, $$ 533, 536. |