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proper court of

ple, &c., by the state: Provided, always, That if such offender shall be tried for such offence, and acquitted or convicted thereof, in any competent court of such foreign state or sovereign, he shall not be subject to another trial in any court of the United States.

the United States.

Punishment of any person who, &c., shall, &c., attack any

ship or vessel, &c., with an intent to plunder. Act of April 30, 1790, ch. 9, Бес. 12.

Act of March 3, 1819, ch. 77. Act of May 15, 1820, ch. 113.

Of any person who shall attempt to kill, rob, &c.

Act of April 30, 1790, ch. 9,

вес. 10.

Of any person

buying, &c. any goods, &c., knowing the same to be the subject of larceny.

Act of April 30, 1790, ch. 9,

вес. 11.

Of any person

who shall plan

der, steal, or de-
stroy any mo-
ney, goods, &c.
belonging to any
ship or vessel
&c. in distress.

Act of April 30, 1790, ch. 9,

вес. 16.

SEC. 6. And be it further enacted, That, if any person or persons, upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state, shall, by surprise or by open force or violence, maliciously attack, or set upon, any ship or vessel belonging in whole or part, to the United States, or to citizen or citizens thereof, or to any other person whatsoever, with any an intent unlawfully to plunder the same ship or vessel, or to despoil any owner or owners thereof of any moneys, goods, or merchandise, laden on board thereof, every person so offending, his or her counsellors, aiders, or abettors, shall be deemed guilty of felony; and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.

SEC. 7. And be it further enacted, That, if any person or persons, upon the high seas, or in any other of the places aforesaid, with intent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, shall break or enter any ship or vessel, boat, or raft; or if any person or persons shall, wilfully and maliciously, cut, spoil, or destroy, any cordage, cable, buoys, buoy-rope, headfast, or other fast, fixed to any anchor or moorings, belonging to any ship, vessel, boat, or raft; every person, so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence.

SEC. 8. And be it further enacted, That, if any person or persons, upon the high seas, or in any of the places aforesaid, shall buy, receive, or conceal, or aid in concealing any money, goods, bank notes, or other effects or things which may be the subject of larceny, which have been feloniously taken or stolen, from any other person, knowing the same to have been taken or stolen, every person, so offending, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor, although the principal offender chargeable, or charged with the larceny, shall not have been prosecuted or convicted thereof; and shall on conviction thereof, be punished by fine, not exceeding one thousand dollars, and imprisonment and confinement to hard labour, not exceeding three years, according to the aggravation of the offence.

SEC. 9. And be it further enacted, That, if any person or persons shall plunder, steal, or destroy, any money, goods, merchandise, or other effects, from or belonging to any ship or vessel, or boat, or raft, which shall be in distress, or which shall be wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks, of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, or if any person or persons shall wilfully obstruct the escape of any person endeavouring to save his or her life from such ship, or vessel, boat, or raft, or the wreck thereof, or, if any person or persons shall hold out or show any false light, or lights, or extinguish any true light, with intention to bring any ship or vessel, boat or raft, being or sailing upon the sea, into danger, or distress, or shipwreck; every person, so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence. (a)

(a) Indictment in the circuit court of the United States for the southern district of New York, for

SEC. 10. And be it further enacted, That, if any master or commander of any ship or vessel, belonging, in whole, or in part, to any citizen or citizens of the United States, shall, during his being abroad, maliciously, and without justifiable cause, force any officer, or mariner of such ship or vessel, on shore, or leave him behind, in any foreign port or place, or refuse to bring home again, all such of the officers and mariners of such ship or vessel, whom he carried out with him, as are in a condition to return, and willing to return, when he shall be ready to proceed in his homeward voyage, every master or commander, so offending, shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding six months, according to the vation of the offence:(a)

aggra

Of any master,

&c., of any ship or vessel belonging in whole or in part to a citi

zen or citizens of the United States, while abroad, who shall force any officer, &c., on shore to leave

him behind in any foreign port or place.

Of any person wilfully,&c. setting on fire any ship or vessel

of the United States afloat on

the high seas, or any arm of

SEC. 11. And be it further enacted, That, if any person or persons, shall, wilfully and maliciously, set on fire, or burn, or otherwise destroy or cause to be set on fire, or burnt, or otherwise destroyed, or aid, procure, abet, or assist in setting on fire, or burning or otherwise destroying, any ship or vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of feloniously stealing a quantity of merchandise, belonging to the ship Bristol, the ship being in distress and cast away on a shoal of the sea on the coast of New York. The indictment was founded on the 9th section of the act, entitled "An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes," approved March 3, 1825. The goods were taken above high-water mark, upon the beach, in the county of Queens, in the state of New York. Held, that the offence committed was within the jurisdiction of the circuit court. The United States v. Coombs, 12 Peters, 72.

the sea, within

In cases purely dependent on the locality of the act done, the admiralty jurisdiction is limited to the sea, and to the tide water, as far as the tide flows. Mixed cases may arise, and often do arise, where the act and services done arc of a mixed nature, as when salvage services are performed, partly on tidewater and partly on shore, for the preservation of the property; in which case the admiralty jurisdiction has been constantly exercised, to the extent of decreeing salvage. Ibid.

The offence of larceny is not punishable under the act 1790, ch. 9, unless committed in a place under the sole and exclusive jurisdiction of the United States; and to bring the case within the statute, there must be an averment of such sole and exclusive jurisdiction in the indictment. The United States

v. Edmond Davis, 5 Mason's C. C. R. 356.

"Personal goods" in that statute does not include choses in action, the latter not being the subject of larceny at common law. Ibid.

Where larceny is committed in a place not under the sole and exclusive jurisdiction of the United States, it may be yet punishable under the third section of the act of 1825, ch. 66. Ibid.

Offences are punishable under that section according to the state laws, where they are committed under circumstances, or in places, in which, before that act, no court of the United States had authority to punish them. Ibid.

It seems, that a reservation in a cession of "concurrent jurisdiction" to serve state process, civil and criminal in the ceded place, does not exclude the exclusive legislation, or exclusive jurisdiction of the United States, over the ceded place. It merely operates as a condition of the grant. Ibid. See United States v. Kessler, Baldwin's C. C. R. 15.

(a) The crimes act of 1825, ch. 66, sec. 10, enumerates three distinct offences: (1) maliciously and wilfully, and without justifiable cause, forcing an officer or mariner on shore, in a foreign port, or (2) maliciously, or without justifiable cause, leaving any officer or mariner behind in a foreign port, or (3) maliciously, or without justifiable cause, refusing to bring home again all the officers or mariners of the ship, in a condition to return and willing to return. It is not necessary to complete the first or second of the enumerated offences, that the officer or mariner should be in a condition to return or willing to return. These latter words apply only to the trial of the enumerated offences. The United States v. Netcher, 1 Story's C. C. R. 307.

Where a mariner applied for a discharge, which was refused by the master, and he thereupon used abusive language to the master, for which he was imprisoned by the master, so that he was unable to return, and the ship sailed without him, it was held, that the leaving him behind was an offence under the crimes act of 1825, ch. 66, sec. 10. Ibid.

Indictment for maliciously, and without justifiable cause, forcing a seaman on shore, in a foreign port, against the crimes act of 1825, ch. 66, sec. 10. 66 Maliciously," in the statute, means wilfully, against a knowledge of duty; "justifiable cause" does not mean such a cause as the known policy of the American laws on the subject contemplates as a cause of moral necessity, for the safety of the ship and crew, or the due performance of the voyage. The United States v. Thaddeus Coffin, 1 Sumner's C. C. R. 394. Under the 10th section of the act of 1825, ch. 66, the forcing a mariner on shore must be done, not only without justifiable cause, but also maliciously, to justify a conviction. If done under a mistaken sense of duty, it is not a case for conviction. The United States v. Spencer Ruggles, 5 Mason's C. C. R. 192. "Maliciously," in the statute, means with a wilful disregard of right and duty, or doing the act, against a man's own conviction of duty. Ibid.

A master of a ship has authority to confine his seamen in a common jail in a foreign port, for offences and misconduct in extreme cases; and when the proper correction and punishment cannot be effected on ship-board. Ibid.

the admiralty jurisdiction of the United States. Proviso.

Of any officer of the United States who is

guilty of extortion.

Of any person in any case,

matter, &c., who

when on oath or affirmation, shall be requir

ed to be taken or administered, under any law of the United States, shall wilfully swear falsely. Act of April 30, 1790, ch. 9,

sec. 19.

When any person is arraigned for any offence, not capital, and refuse to answer

any particular state, every person so offending, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death: Provided, That nothing herein contained shall be construed to take away or impair the right of any court martial to punish any offence, which, by the law of the United States, may be punishable by such court.

SEC. 12. And be it further enacted, That, if any officer of the United States shall be guilty of extortion, under, or by colour of his office, every person so offending shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year, according to the aggravation of the offence.(a)

SEC. 13. And be it further enacted, That, if any person, in any case, matter, hearing, or other proceeding, when an oath or affirmation shall be required to be taken or administered under or by any law or laws of the United States, shall, upon the taking of such oath or affirmation, knowingly and willingly swear or affirm falsely, every person, so offending, shall be deemed guilty of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence. And if any person or persons shall knowingly or willingly procure any such perjury to be committed, every person so offending shall be deemed guilty of subornation of perjury, and shall on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence.(b)

SEC. 14. And be it further enacted, That, if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer or plead, ment, judgment if he or she had pleaded not guilty, and upon a verdict being returned shall be render- by the jury, may proceed to render judgment accordingly. And the trial ed accordingly. of all offences which shall be committed upon the high seas or elsewhere, Act of April out of the limits of any state or district, shall be in the district where 30, 1790, sec. 29. the offender is apprehended, or into which he may be first brought.

to such indict

In every case where a criminal is convicted, the court which

shall pass the sentence shall order the same to be executed

in any state prison, &c.

Act of April 30, 1790, ch. 9, sec. 23.

Punishment

of any person

as

SEC. 15. And be it further enacted, That, in every case where any criminal convicted of any offence against the United States shall be sentenced to imprisonment and confinement to hard labour, it shall be lawful for the court by which the sentence is passed, to order the same to be executed in any state prison, or penitentiary within the district where such court is holden; the use of which prison or penitentiary may be allowed or granted by the legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence, shall be paid by the United States.

SEC. 16. And be it further enacted, That, if any person who shall be employed as president, cashier, clerk, or servant, in the Bank of the employed in the United States, created and established by an act, entitled "An act to incorporate the subscribers to the Bank of the United States," passed on the tenth day of April, in the year of our Lord one thousand eight hun

Bank of the

(a) Where the United States instituted an action for the recovery of a sum of money on a bond given with sureties by a purser in the navy, and the defendants, in substance, pleaded that the bond, with the condition thereon, was variant from that prescribed by law, and was, under colour of office, extorted from the obligor and his sureties, contrary to the statute, by the then Secretary of the Navy, as the condition of the purser remaining in the office, and receiving the emoluments, and the United States demurred to the plea; it was held, that the plea constituted a good bar to the action. The United States v. Tingey, 5 Peters, 114.

No officer of the government has a right, by colour of his office, to require from any subordinate officer, as a condition for his holding his office, that he should execute a bond with a condition different from that prescribed by law. That would be, not to execute, but to supersede the requisites of the law. It would be very different, when such bond was, by mistake or otherwise, voluntarily, substi tuted by the parties for the statute bond, without any coercion, or extortion by colour of office. Ibid. (b) See notes to the fourth section of the act of March 1, 1823, ch. 20.

dred and sixteen, or in any office of discount and deposit, established by the directors of said bank in any state or territory of the United States, shall feloniously take, steal, and carry away any money, goods, bond, bill, bank note, or other note, check, draft, treasury note, or other valuable security or effects, belonging to said bank, or deposited in said bank; or, if any person so employed as president, cashier, clerk, or servant, shall fraudulently embezzle, secrete, or make away with any money, goods, bond, bill, bank note, or other note, draft, treasury note, or other valuable security or effects, which he shall have received, or which shall come to his possession or custody by virtue of such employment: every person so offending shall be deemed guilty of felony, and shall, on conviction thereof, be punished, by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.

SEC. 17. And be it further enacted, That, if any person or persons shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any paper, writing, or instrument, in imitation of, or purporting to be, an indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the President of the United States, or any bill, check, or draft for money drawn by, or on the treasurer of the United States, or by, or on, any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay the same, on behalf and for account of the United States, (a) or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any such false, forged, or counterfeited paper, writing, or instrument, knowing the same to be false, forged, or counterfeited, with intent to defraud the United States, or any body politic or corporate, or any other person or persons whatsoever; or if any person or persons shall falsely alter any indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the President of the United States, or any bill, check, or draft for money drawn by or on the treasurer of the United States, or any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay such bill, check, or draft, or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true and unaltered, any such falsely altered indent, certificate, treasury note, or other public security, letters patent, or bill, check, or draft, knowing the same to be falsely altered, with intent to defraud the United States, or any body politic or corporate, or any person or persons whatsoever, (b) every such person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and con

United States
taking, &c. any
longing to said
bank.
Act of April
10, 1816, ch.44.

money, &c. be

Forgery of treasury notes, or other public security of the United States.

Act of April 30, 1790, ch. 9, sec. 14.

(a) Forgeries under the laws of the United States must be tried in the district where the crime is committed. The United States v. Britton, 2 Mason's C. C. R. 464.

In an indictment for forgery, it is in general necessary to set forth the tenor of the instrument, and it must be proved as set forth. Ibid.

(b) Passing a paper is putting it off on payment or exchange. Uttering it, is a declaration that it is good, with an intent to pass, or an offer to pass it. United States v. Mitchell et al., Baldwin's C. C. R. 366. The party accused of passing or uttering counterfeit paper, must be present when the act is done, privy to it, or aiding, consenting, or procuring it to be done. If done by consent, all are equally guilty. Ibid.

Passing a counterfeit note in the name of a fictitious person, an assumed name, or on a bank which never existed, is within the law. It is not necessary that the note, if genuine should be valid, if on its face it purports to be good. The want of validity must appear on its face. Ibid.

The possession of other counterfeit papers, by the defendant, or a confederate, at the time of passing counterfeit notes, is evidence of the scienter. Ibid.

The law presumes the intention of passing counterfeit paper, to be to defraud any person who may suffer a loss by receiving it as genuine. The United States v. Shellmire, Baldwin's C. C. R. 370.

Intoxication is no defence to a charge of passing counterfeit bank notes, if the defendant was possessed of his reason, and was capable of knowing whether the note so passed was good or bad. Ibid.

Forgery of letters of attor

ney, certificates
of stock of the
United States,
or certificates
of stock of the
Bank of the
United States.

finement to hard labour, not exceeding ten years, according to the aggra vation of the offence.

SEC. 18. And be it further enacted, That, if any person or persons shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any paper, writing, or instrument, in imitation of, or purporting to be, any letter of attorney, or other authority or instrument to assign, transfer, sell, or convey any share or sum in the public stock or debt of the United States, or in the capital stock of the president, directors, and company of the Bank of the United States, or to receive any annuity or annuities, dividend or dividends, due or to become due on any such stock or debt; or to receive any pension, prize money, wages, or other debt or sum of money due, or to become due from the United States; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly aid or assist in forging or counterfeiting the name or names of any of the holders or proprietors of any such public stock or debt, or of any person entitled to any such annuity, dividend, pension, prize money, wages, or other debt or sum of money as aforesaid, in or to any such pretended letter of attorney, authority, or instrument; or shall, knowingly and fraudulently, demand, or endeavour to have or obtain such share or sum in such public stock or debt, or capital stock of the said bank, or to have any part thereof transferred, assigned, sold, or conveyed, or such annuity, dividend, pension, prize money, wages, or other debt or sum of money, or any part thereof, to be received or paid, by virtue of any such false, forged, or counterfeited letter of attorney, authority, or instrument; or shall falsely and deceitfully personate any true or real proprietor or holder of such share or sum in such public stock or debt, or capital stock of the said bank, or any person entitled to such annuity, dividend, pension, prize money, wages, or other debt or sum of money, as aforesaid, and thereby transferring or endeavouring to transfer such public stock or debt or capital stock of the said bank, or receiving, or endeavouring to receive the money of such true or lawful holder or proprietor thereof, or the money of such person or persons, really and truly entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, or sum of money, as aforesaid, as if such offender were the true and lawful owner thereof, and entitled thereto; every person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence. (a) SEC. 19. And be it further enacted, That if any person or persons, shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any instrument in imitation of, or purporting to be, an abstract or official copy, or certificate of the recording, registry, or enrolment of any ship or vessel, in the office of any collector of the cus(a) Indictment in the circuit court of North Carolina, for the forgery of, and an attempt to pass a certain paper writing, in imitation of, and purporting to be a bill or note, issued by the president and directors of the Bank of the United States, founded on the 18th section of the act of 1816, incorporating the Bank of the United States. The note was signed with the name of John Huske, who had not been, at any time, President of the Bank of the United States, but who, at the time of the counterfeit, was the president of the office of discount and deposit at Fayetteville; and was countersigned with the name of John W. Sanford, who at no time was the cashier of the mother bank, but who at the time of the counterfeiting was cashier of the said office of discount and deposit. Held, that this was an offence within the provisions of the law. The United States v. Turner, 7 Peters, 132.

Forging an

abstract or official copy, &c. or certificate of the recording,

&c. of any ship

or vessel in the office of any

The policy of the act extends to such a case. The object is to guard the public from false and counterfeit paper; purporting on its face to be issued by the bank. It could not be presumed that persons in general could be cognisant of the fact, who, at particular periods, were the president and cashier of the bank. They were officers liable to be removed at the pleasure of the directors, and the times of their appointment or removal, or even their names, could not ordinarily be within the knowledge of the body of the citizens. The public mischief would be equally great, whether the names were those of the genuine officers, or of fictitious or unauthorized persons, and ordinary diligence would not protect them against imposition. Ibid.

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