CHAPTER ELEVEN.

Sec.

OFFENSES WITHIN THE ADMIRALTY AND MARITIME AND THE TERRITORIAL JURISDICTION OF THE UNITED STATES.

SEC. 272. [Places within or waters upon which sections of this chapter shall apply.] The crimes and offenses defined in this chapter shall be punished as herein prescribed:

First. When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or when committed within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof.

Second. When committed upon any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, namely: Lake Superior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence where the same constitutes the International boundary line.

Third. When committed within or on any lands reserved or acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dock-yard, or other needful building.

Fourth. On any island, rock, or key, containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. [35 Stat. L. 1142.]

This section is new. A section of this character was necessary in order to avoid repeating in each section of the chapter the waters

or places upor or within which the section shall apply.

SEC. 273. [Murder.] Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree. [35 Stat. L. 1143.]

See R. S. sec. 5339, 3 Fed. Stat. Annot. 231; sec. 5372, 5 Fed. Stat. Annot. 756. This section enlarged the common-law definition, and F. S. A. Supp.-31

481

is similar in terms to the statutes defining murder in a large majority of the states.

SEC. 274. [Manslaughter.] Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

First. Voluntary - Upon a sudden quarrel or heat of passion.

Second. Involuntary In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. [35 Stat L. 1143.]

See R. S. sec. 5341, 3 Fed. Stat. Annot. 234. This section enlarges the common-law definition, manslaughter being defined and classified

in language similar to that to be found in the statutes of a large majority of the states.

SEC. 275. [Punishment for murder; for manslaughter.] Every person guilty of murder in the first degree shall suffer death. Every person guilty of murder in the second degree shall be imprisoned not less than ten years and may be imprisoned for life. Every person guilty of voluntary manslaughter shall be imprisoned not more than ten years. Every person guilty of involuntary manslaughter shall be imprisoned not more than three years, or fined not exceeding one thousand dollars, or both. [35 Stat. L. 1143.]

See R. S. sec. 5339, 3 Fed. Stat. Annot. 231. R. S. sec. 5343, 3 Fed. Stat. Annot. 235 (note). This section prescribes the punishment for the

different degrees of murder and different classes of manslaughter.

SEC. 276. [Assault with intent to commit murder, rape, robbery, etc.] Whoever shall assault another with intent to commit murder, or rape, shall be imprisoned not more than twenty years. Whoever shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more than three thousand dollars, or imprisoned not more than ten years, or both. Whoever, with intent to do bodily harm, and without just cause or excuse, shall assault another with a dangerous weapon, instrument, or other thing, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Whoever shall unlawfully strike, beat, or wound another, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Whoever shall unlawfully assault another, shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both. [35 Stat. L. 1143.]

See R. S. sec. 5346, 1 Fed. Stat. Annot. 511. This section is broadened so as to define and punish every grade of assault.

SEC. 277. [Attempt to commit murder or manslaughter.] Whoever shall attempt to commit murder or manslaughter, except as provided in the preceding section, shall be fined not more than one thousand dollars and imprisoned not more than three years. [35 Stat. L. 1143.]

See R. S. sec. 5342, 3 Fed. Stat. Annot. 235. The places within which the offense may be committed, as described in R. S. sec. 5339, are omitted as being unnecessary, because of the

language employed in sec. 272 of this Act. The words "except as provided in the preceding section" have been inserted.

SEC. 278. [Rape.] Whoever shall commit the crime of rape shall suffer death. [35 Stat. L. 1143.]

See R. S. sec. 5345, 6 Fed. Stat. Annot. 759.

SEC. 279. [Having carnal knowledge of female under sixteen.] Whoever shall carnally and unlawfully know any female under the age of sixteen years, or shall be accessory to such carnal and unlawful knowledge before the fact, shall, for a first offense, be imprisoned not more than fifteen years, and for a

subsequent offense be imprisoned not more than thirty years. [35 Stat. L. 1143.]

See the Act of Feb. 9, 1889, ch. 120, sec. 1, 6 Fed. Stat. Annot. 759.

SEC. 280. [Seduction of female passenger on vessel.] Every master, officer, seaman, or other person employed on board of any American vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both; but subsequent intermarriage of the parties may be pleaded in bar of conviction. [35 Stat. L. 1143.]

See R. S. sec. 5349, 7 Fed. Stat. Annot. 1. The only change made in this section is that authorizing the imposition of both fine and imprisonment.

SEC. 281. [Payment of fine to female seduced; evidence required; limitation on indictment.] When a person is convicted of a violation of the section last preceding, the court may, in its discretion, direct that the amount of the fine, when paid, be paid for the use of the female seduced, or her child, if she have any; but no conviction shall be had on the testimony of the female seduced, without other evidence, nor unless the indictment is found within one year after the arrival of the vessel on which the offense was committed at the port of its destination. [35 Stat. L. 1144.]

See R. S. secs. 5350, 5351, 7 Fed. Stat. Annot. 2. In combining these Revised Statutes sections slight changes of phraseology

were made necessary for purposes of revision, but no change was made in the law.

SEC. 282. [Loss of life by misconduct of officers, etc., of vessels.] Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner or charterer of any steamboat or vessel shall be a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. [35 Stat. L. 1144.]

See R. S. sec. 5344, 3 Fed. Stat. Annot. 235, and the Act of March 3, 1905, ch. 1454, sec. 5, 10 Fed. Stat. Annot. 95. Aside from the omission of redundant language, the only change made in this section is that which authorizes

the imposition of a fine in lieu of imprisonment in those cases in which an executive officer of a boat owned by a corporation is found guilty of a violation of the section.

SEC. 283. [Maiming.] Whoever, with intent to maim or disfigure, shall cut, bite, or slit, the nose, ear, or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person; or whoever, with like intent, shall throw or pour upon another person, any scalding hot water, vitriol, or other corrosive acid, or caustic substance

whatever, shall be fined not more than one thousand dollars, or imprisoned not more than seven years, or both. [35 Stat. L. 1144.]

See R. S. sec. 5348, 4 Fed. Stat. Annot. 874. This section is amended to conform to modern legislation upon the subject. As

amended it provides for fine or imprisonment, or both.

SEC. 284. [Robbery.] Whoever, by force and violence, or by putting in fear, shall feloniously take from the person or presence of another anything of value, shall be imprisoned not more than fifteen years. [35 Stat. L. 1144.]

See R. S. sec. 5372, 5 Fed. Stat. Annot. 756. R. S. sec. 5372 punished robbery committed on the high seas or on any waters out of the jurisdiction of any state. It is here broadened so

as to punish the crime when committed within the jurisdiction defined in sec. 272 of this Act.

SEC. 285. [Arson of dwelling house.] Whoever shall willfully and maliciously set fire to, burn, or attempt to burn, or by means of a dangerous explosive destroy or attempt to destroy, any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house, shall be imprisoned not more than twenty years. [35 Stat. L. 1144.]

SEC. 286. [Arson of other buildings, etc.] Whoever shall maliciously set fire to, burn, or attempt to burn, or by any means destroy or injure, or attempt to destroy or injure, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel built, building, or undergoing repair, or any light-house, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be fined not more than five thousand dollars and imprisoned not more than twenty years. [35 Stat. L. 1144.]

See R. S. secs. 5386, 5387, 1 Fed. Stat. Annot. 457. This section is amended so as to punish the destruction or attempted destruction of the buildings enumerated therein, and

also by reducing the maximum penalty from life imprisonment to fine and imprisonment for twenty years.

SEC. 287. [Larceny.] Whoever shall take and carry away, with intent to steal or purloin, any personal property of another, shall be punished as follows: If the property taken is of a value exceeding fifty dollars, or is taken from the person of another, by a fine of not more than ten thousand dollars, or imprisonment for not more than ten years, or both; in all other cases, by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or both. If the property stolen consists of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, shall be deemed to be the value of the property stolen. [35 Stat. L. 1144.]

SEC. 288. [Receiving, etc., stolen goods.] Whoever shall buy, receive, or conceal, any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be fined not more than one thousand dollars and imprisoned not more than three years; and such person may be tried either before or after the conviction of the principal offender. [35 Stat. L. 1145.]·

See R. S. sec. 5357, 6 Fed. Stat. Annot. 761. This section is amended so as to punish the receiving of money which has been embezzled,

and also by authorizing the trial of the receiver of such money before the trial of the principal offender.

SEC. 289. [Laws of states adopted for punishing wrongful acts, etc.] Whoever, within the territorial limits of any State, organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section two hundred and seventy-two of this Act, shall do or omit the doing of any act or thing which is not made penal by any law of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof now in force would be penal, shall be deemed guilty of a like offense and be subject to a like punishment; and every such State, Territorial, or District law shall, for the purposes of this section, continue in force, notwithstanding any subsequent repeal or amendment thereof by any such State, Territory, or District. [35 Stat. L. 1145.]

SEC. 290. [Piracy under the law of nations.] Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. [35 Stat. L. 1145.]

See R. S. sec. 5368, 5 Fed. Stat. Annot. 755, and Act of Jan. 15, 1897, ch. 29, sec. 2, 2 Fed. Stat. Annot. 357.