Children under 12 years not to work ground. 564, s. 12, 1 Supp., 949. said act, shall be deemed guilty of a misdemeanor, and terms " SEC. 439. No child under twelve years of age shall be under employed in the under-ground workings of any mine in 3 Mar., 1891, 26 any organized or unorganized Territory of the United Stat. L., 1104, c. States wherein are located coal mines; and no father or other person shall misrepresent the age of anybody so employed. Any person guilty of violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred dollars. Prize fights, bull fights, etc. Stat. L., 5, c. 12, 2 Supp., 446. SEC. 440. Whoever, in any of the Territories, shall 7 Feb., 1896, 29 voluntarily engage in a pugilistic encounter between man and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary not less than one nor more than five years. Definition. Stat. L., 5, c. 12, 2 Supp., 446. SEC. 441. By the terms "pugilistic encounter," as used 7 Feb., 1896, 29 in the above section, is meant any voluntary fight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or any thing of value is bet or wagered, or to see which any admission fee is charged either directly or indirectly. death by hang SEC. 442. The manner of inflicting the punishment of, Punishment of death shall be by hanging. ing. R. S., 5325. SEC. 443. No conviction or judgment shall work corrup- to work corrup tion of blood or any forfeiture of estate. tion of blood or forfeiture of estate. SEC. 444. The punishment of whipping and of standing Whipping and in the pillory shall not be inflicted. away SEC. 445. Nothing in this title shall be held to take or impair the jurisdiction of the courts of the several States under the laws thereof. the pillory abolished. R. S., s. 5327. State courts. R. S., s. 5328. Cross v. North, Carolina, 132 U. S., 131; Re Loney, 134 U. S., 372, 38 Fed. Rep., 101; Fitzgerald v. Green, 134 U. S., 377; U. S. v. Eaton, 144 U. S., 677; McPherson v. Blacker, 146 U. S., 1; Pettibone v. U. S., 148 U. S., 197; New York v. Eno, 155 U. S., 89, 54 Fed. Rep., 699; Re Thomas, 173 U.S., 276, 87 Fed. Rep., 453; Ex parte Houghton, 7 Fed. Rep., 657; Re Miller, 42 Fed. Rep., 307; C. S. v. Gibson, 47 Fed. Rep., 833; Ex parte Geisler, 50 Fed. Rep., 411: Re Welch, 57 Fed. Rep., 576; Re Waite. 81 Fed. Rep., 359; 88 Fed. Rep., 702; Ex parte Ballinger, 88 Fed. Rep., 781; U. S. v. Lackey, 99 Fed. Rep., 952. abolished. SEC. 446. The benefit of clergy shall not be used or al- Benefit of clergy lowed upon conviction of any crime for which the punish-R. S., s. 5329. ment is death. power. 95 U. S., 149; 8 A. G. Op., 478; 11 SEC. 447. Whenever, by the judgment of any court or Pardoning judicial officer of the United States, in any criminal pro- R. S., s. 5330. ceeding, any person is sentenced to two kinds of punish-Knote . U. S., ment, the one pecuniary and the other corporal, the Presi- A. G. Op., 281; 9 dent shall have full discretionary power to pardon or A. G. OP., 35: 14 remit, in whole or in part, either one of the two kinds, A. G. Op., 1; 19 A. G. Op., 377, without, in any manner, impairing the legal validity of 176; 20 A. G. Op., the other kind, or any portion of either kind, not par doned or remitted. A. G. Op., 124; 16 330, 668. ished. SEC. 448. All Indians, committing against the person Indians comor property of another Indian or other person any of crimes; how punthe following crimes, namely, murder, manslaughter, 3 Mar., 1885, 23 rape, assault with intent to kill, arson, burglary, and Stat. L., 385, c. larceny within any Territory of the United States, and 15 Jan., 1897, 29 either within or without an Indian reservation, shall be s. 5, 2 Supp., 538. 11313-01-11 341; 1 Supp., 482. Stat. L., 487, c. 29, Qualified verdicts in certain cases. 15 Jan., 1897, 29 s. 1., 2 Supp., 538. subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and shall be subject to the same penalties as are all other persons charged with the commission of said crimes respectively; and the said courts are hereby given jurisdiction in all such cases. And all such Indians committing any of the above crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in same courts and in the same manner, and subject to the same penalties as are all persons committing any of the above crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the offense of rape within the limits of any Indian reservation shall be punished by imprisonment at the discretion of the court. SEC. 449. In all cases where the accused is found guilty of the crime of murder in the first degree, the jury may Stat. L., 487, c. 29, qualify their verdict by adding thereto, "without capital punishment;" and whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to imprisonment at hard labor for life. Attempts; SEC. 450. An act done with intent to commit a crime, con- and tending but failing to effect its commission, is an at when a person Attempts; how punished. tempt to commit that crime. Upon an indictment or information for the commission of a crime, the defendant may be convicted of an attempt to commit such crime. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. SEC. 451. Whoever is convicted of an attempt to commit any crime defined in this title is punishable, where no provision is made herein for the punishment of such attempt, by imprisonment for a term not exceeding onehalf the longest term of imprisonment, or by a fine not exceeding one-half the largest fine prescribed upon a conviction of the offense so attempted, or by both, if the crime so attempted is punishable by both fine and imprisonment. Whoever is convicted of an attempt to commit an offense punishable by death shall be punished by imprisonment for not more than twenty years. cipals. SEC. 452. Whoever is concerned in the commission of Who are prinany offense defined in this title, whether he directly commits the act constituting the offense, or aids and abets in its commission, and whether present or absent, and whoever directly or indirectly counsels, commands, induces, or procures another to commit any such offense is a principal. Who are acces SEC. 453. Whoever, after the commission of any offense sories. defined in this title, harbors, conceals, or aids the offender, with intent that he may avoid arrest, having knowledge or reasonable ground to believe that such offender has committed such offense, is an accessory to the offense. SEC. 454. Except as provided in the next section, accessories shall be punished by imprisonment for a term not exceeding one-half the longest term of imprisonment, or by a fine not exceeding one-half the largest fine prescribed for the punishment of the principal, or by both if the principal is punishable by both fine and imprisonment; or if the principal is punishable by death, then an accessory shall be punished by imprisonment for not more than ten years. Punishment of accessories. Accessories to robbery or pi R. S., s. 5324. SEC. 455. Whoever receives or takes into custody any vessel, goods, or other property, feloniously taken by any racy. robber or pirate, against the laws of the United States, are to knowing the same to have been feloniously taken, and grand jury, Hempst., 413, 1 whoever, knowing that such pirate or robber has done or Fed. Cas., 999. committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such robbery or piracy, and shall be punished by imprisonment for not more than ten years. Felonies and SEC. 456. All offenses defined in this title which be may misdemeanors. punished by death or imprisonment for a term exceeding one year, except treason, and except offenses declared to be misdemeanors, shall be deemed felonies. All other offenses defined in this title, except treason, shall be deemed misdemeanors. is punishable un visions. SEC. 457. An act or omission which is made punishable, where offense in different ways by different provisions of this title may der different probe punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars the prosecution for the same act or omission under any other. words. SEC. 458. Words used in this title in the present tense Construction of include the future as well as the present; words used in of existing statutes. the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation or partnership as well as a natural person; writing includes printing or typewriting, and signature or subscription includes a mark when the person can not write. Continuation SEC. 459. The provisions of this title, so far as they are substantially the same as existing statutes, shall be construed as continuations thereof, and not as new enactments; and there shall be no implication of a change of intent by reason of a change of words in such statutes unless such change of intent shall be clearly manifest. Arrangement and classification SEC. 460. The arrangement and classification of the sevof sections. eral sections of this title have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the chapters or subchapters under which any particular section is placed. SEC. 461. This title may be designated and cited as "The Penal Code of the United States." Designation of this title. Sec. Chapter Fifteen. REPEALING PROVISIONS. 462. Sections, acts, and parts of acts repealed. 463. Accrued rights, etc., not affected. Sections, acts, and parts of acts repealed. Sec. 464. Prosecutions and punishments. SEC. 462. The following sections of the Revised Statutes and acts and parts of acts are hereby repealed: Sections four hundred and twelve, seventeen hundred and eighty, seventeen hundred and eighty-one, seventeen hundred and eighty-two, seventeen hundred and eightythree, seventeen hundred and eighty-five, seventeen hundred and eighty-seven, seventeen hundred and eightyeight, seventeen hundred and eighty-nine, twenty-four hundred and ninety-one, twenty-four hundred and ninetytwo, twenty-four hundred and ninety-three, thirty-five hundred and eighty-three, thirty-seven hundred and eight, thirty-seven hundred and thirty-nine, thirty-seven hundred and forty, thirty-seven hundred and forty-two, thirtyeight hundred and thirty-two, thirty-eight hundred and fifty-one, thirty-eight hundred and sixty-nine, thirty-eight hundred and eighty-seven, thirty-eight hundred and ninety, thirty-eight hundred and ninety-one, thirty-eight hundred and ninety-two, thirty-eight hundred and ninety-three, |