Imágenes de páginas
PDF
EPUB

(RESOLUTION of September 23, 1789. 11. Sec. 4. If any person or persons, from and after the passing of this act, shall print or publish any map, chart, book or books, print or prints, who have not legally acquired the copy right of such map, chart, book oi books, print or prints, and shall, contrary to the true intent and meaning of this act, insert therein, or impress thereon, that the same has been entered according to act of congress, or words purporting the same, or purporting that the copy right thereof has been acquired, every person, so offending, shall forfeit and pay the sum of one hundred dollars, one moiety thereof to the person who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered by action of debt, in any court of record in the United States, having cognizance thereof: Provided always, That in every case for forfeitures hereinbefore given, the action be commenced within two years from the time the cause of action may have arisen. (Supra 2.]

CRIMES AND PUNISHMENTS.

5, 6

7

Gaols,

1, 34 | Sase-conducts, Treason,

2, 3 Copy of iodictment, Murder and manslaughter,

4,8 Standing mute, Convict's body,

Benefit of clergy, Misprision,

Limitation, Piracy,

9 to 13, 60 to 71 Hanging, Maiming,

14 Intercourse with the enemy, Forgery and counterfeiting, 15, 44, 45 Destroying vessels, Larceny and falsifying records,

16, lo 18

Offences against the coin, Perjury,

19, 20, 21, 35, 46 Crimes within Indian boundary, Bribery,

22 Holding foreign commission, Obstructing process,

23 Fitting vessels for foreigu power, Rescue,

24 Military expedition, Corruption of blood,

25 Process enforced, Foreign ministers,

26, 27 | Foreign vessels give bonds, &c.

28 29 30

31 32, 39

33

36 37, 38 40 to 42

47 47, 48 52, 58

52

55 56 to 58

[See the constitution Art. III. Sec. 2. cl. 3. Sec. 3. cl. 1 and 2. and Art. IV. Sec. 2. cl. 2.]

RESOLUTION of September 23d, 1789. 2 Bioren, 75.

1. It is recommended to the legislatures of the several states to pass laws making it expressly the duty of the keepers of their gaols, to receive and safe keep therein all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof under the like penalties as in the case of prisoners committed under the authority of such states respectively, the United States to pay for the use and keep

(ACT of April 30th, 1790.) ing of such gaols at the rate of fifty cents per month for each prisoner that shall, under their authority, be committed thereto, during the time such prisoners shall be therein confined; and also to support such of said prisoners as shall be committed for offences, [Infra 34.]

ACT of April soth 1790. 2 Bioren, 92. 1 Oswald, 147.

An act for the punishment of certain crimes against the United Statcs. 2. Sec. 1. If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States or elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death.

3. Sec. 11. If any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal and not as soon as may be disclose and make known the same to the president of the United States, or some one of the judges thereof, or to the president or governor of a particular state, or some one of the judges or justices thereof, such person or persons on conviction shall be adjudged guilty of misprison of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars. 4. Sec. II. If any person or persons shall, within any

fort, arsenal, dock-yard, magazine, or in any other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of wilful murder, such person or persons on being thereof convicted shall suffer death.

5. Sec. iv. The court before whom any person shall be convicted of the crime of murder, for which he or she shall be sentenced to suffer death, may at their discretion, add to the judgment, that the body of such offender shall be delivered to a surgeon for dissection; and the marshal who is to cause such sentence to be executed, shall accordingly deliver the body of such offender, after execution done, to such surgeon as the court shall direct, for the purpose aforesaid: Provided, That such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body at the time of the execution of such offender.

6. Sec. v. If any person or persons shall, after such execution had, by force rescue or attempt to rescue the body of such offender out of the custody of the marshal or his officers, during the conveyance of such body to any place for dissection as aforesaid, or shall by force rescue or attempt to rescue such body from the house of any surgeon, where the same shall have been deposited in pur

(ACT of April 30th, 1790.) suance of this act; every person so offending, shall be liable to a fine not exceeding one hundred dollars, and an imprisonment not exceeding twelve months.

7. Sec. vi. If any person or persons having knowledge of the actual commission of the crime of wilful murder or other felony, upon the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, shall conceal, and not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, on conviction thereof, such person or persons shall be adjudged guilty of misprison of felony, and shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

8. Sec. vir. If any person or persons shall within any fort, arsenal, dock-yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of manslaughter, and shall be thereof convicted; such person or persons shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars.

9. Sec. viii. If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state, murder or robbery, or any other offence which if committed within the body of a county, would by the laws of the United States be punishable with death; or if any captain or mariner of any ship or other vessel, shall piratically and feloniously run away with such ship or vessel, or any goods or merchandise to the value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate; or if any seaman shall lay violent hands upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the ship;—every such offender shall be deemed, taken and adjuged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.

10. Sec. IX. If any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high seas under color of any commission from any foreign prince or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate, felon and robber, and on being thereof convicted shall suffer death.

11. Sec. X. Every person who shall, either upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel or advise any person or persons to do oncommit any murder or robbery, or other piracy aforesaid, upon the seas, which

(ACT of April 30th, 1790.) shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, and every such person being thereof convicted shall suffer death,

12. Sec. XI. After any murder, felony, robbery, or other piracy whatsoever aforesaid, is or shall be committed by any pirate or robber, every person who knowing that such pirate or robber has done or committed any such piracy or robbery, shall on the land or at sea receive, entertain or conceal any such pirate or robber, or receive or take into his custody any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessory to such piracy or robbery, after the fact; and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

13. Sec. xu. If any seaman or other person shall commit manslaughter upon the high seas, or confederate, or attempt or endeavour to corrupt any commander, master, officer or mariner, to yield up or to run away with any ship or vessel, or with any goods, wares or merchandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise trade with any pirate knowing him to be such, or shall furnish such pirate with any ammunition, stores or provisions of any kind, or, shall fit out any vessel knowingly and with a design to trade with or supply or correspond with any pirate or robber upon the seas; or if any person or persons shall any ways consult, combine, confederate or correspond with any pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seaman shall confine the master of any ship or other vessel, or endeavour to make a revolt in such ship:-such person or persons so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars. 14. Sec. XII. If any person or persons, within

any of the places upon the land under the sole and exclusive jurisdiction of the United States, or upon the high seas, in any vessel belonging to the United States, or to any citizen or citizens thereof, on purpose and of malice aforethought, shall unlawfully cut off the ear or ears, or cut out or disable the tongue, put out an eye, slit the nose, cut off the nose or a lip, or cut off or disable any limb or me

nember of any person, with intention in so doing to maim or disfigure such person in any the manners before mentioned, then and in every such case

the

person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offence aforesaid) shall on conviction, be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.

(ACT of April 30th, 1790.) 15. Sec. xiv. If any person pr persons shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered forged, or counterfeited, or willingly act or assist in the false making, altering, forging or counterfeiting any certificate, indent, or other public security of the United States, or shall utter, put off, or offer, or cause to be uttered, put off, or offered in payment or for sale any such false, forged, altered or counterfeited certificate, indent or other public security, with intention to defraud any person, knowing the same to be false, altered, forged or counterfeited, and shall be thereof convicted, every such person shall suffer death.

16. Sec. xv. If any person shall feloniously steal, take away, alter, falsify, or otherwise avoid any record, writ, process, or other proceedings, in any of the courts of the United States, by means whereof any judgment shall be reversed, made void, or not take effect, or if any person shall acknowledge or procure to be acknowledged in any of the courts aforesaid, any recognizance, bail or judgment, in the name or names of any other person or persons not privy or consenting to the same, every such person or persons on conviction thereof, shall be fined not exceeding five thousand dollars, or be imprisoned not exceeding seven years, and whipped not exceeding thirty-nine stripes. Provided nevertheless, That this act shall not extend to the acknowledgment of any judgment or judgments by any attorney or attorneys, (uly admitted for any person or persons against whom any such judgment or judgments shall be had or given.

17. Sec. xvi. If any person within any of the places under the sole and exclusive jurisdiction of the United States, or upon the high seas, shall take and carry away, with an intent to steal or purloin the personal goods of another; or if any person or persons, having at any time hereafter the charge or custody of any arms, ordnarice, munition, shot, powder, or habiliments of war belonging to the United States, or of any victuals provided for the victualling of any soldiers, gunners, mariners or pioneers, shall for any lucre or gain, or wittingly, advisedly, and of purpose to hinder or impede the service of the United States, embezzle, purloin or convey away any of the said arms, ordnance, munition, shot or powder, habiliments of war, or victuals, then and in every

of the cases aforesaid, the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offences aforesaid) shall on conviction be fined not exceeding the fourfold value of the property so stolen, embezzled or purloined; the one moiety to be paid to the owner of the goods, or the United States, as the case may be, and the other moiety to the informer and prosecutor, and be publickly whipped, not exceeding thirty-nine stripes.

18. Sec. xvi. If any person or persons within any part of the jurisdiction of the United States as aforesaid, shall receive or buy

« AnteriorContinuar »