deemed guilty of incest, and shall be imprisoned not more than fifteen years. Fornication. SEC. 318. If any unmarried man or 3 Mar., 1887, 24 Stat. woman commits fornication, each shall be L., 636, c. 397, s. 5; 1 fined not more than one hundred dollars, or imprisoned not more than six months. Supp., 568. Certificates of marriage; penalty for failure to record. 3 Mar., 1887, 24 Stat. L. 636, c. 397, 88. 9, 10; 1 Supp., 568. SEC. 319. Every ceremony of marriage, or in the nature of a marriage ceremony of any kind, whether either or both or more of the parties to such ceremony be lawfully competent to be the subjects of such marriage or ceremony or not, shall be certified by a certificate stating the fact and nature of such ceremony, the full name of each of the parties concerned, and the full name of every officer, priest, and person, by whatever style or designation called or known, in any way taking part in the performance of such ceremony, which certificate shall be drawn up and signed by the parties to such ceremony and by every officer, priest, and person taking part in the performance of such ceremony, and shall be by the officer, priest, or other person solemnizing such marriage or ceremony filed in the office of the probate court, or, if there be none, in the office of the court having probate powers in the county or district in which such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to inspection as other public records. Such certificate, or the record thereof, or a duly certified copy of such record, shall be prima facie evidence of the facts required by this section to be stated therein in any proceeding, civil or criminal, in which the matter shall be drawn in question. But nothing in this section shall be held to prevent the proof of marriages, whether lawful or unlawful, by any evidence otherwise legally admissible for that purpose. Whoever shall willfully violate any provision of this section shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. The provisions of this section shall apply only within the Territories of the United States. etc. Prize fights, bull fights, SEC. 320. Whoever shall voluntarily en7 Feb., 1896, 29 Stat. gage 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 L., 5, c. 12; 2 Supp., 446. 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 directly or indirectly charged, shall be imprisoned not more than five years. The provisions of this section shall apply only within the Territories of the United States and the District of Columbia. "Pugilistic encounter' 7 Feb., 1896, 29 Stat. 446. SEC. 321. By the term "pugilistic en- defined. counter," as used in the section last preceding, is meant any voluntary fight by blows by L., 5, c. 12; 2 Supp., 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 wnich any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged. Train robberies in 1 July, 1902, 32 Stat. SEC. 322. Whoever shall willfully and Territories, etc. maliciously trespass upon or enter upon any railroad train, railroad car, or railroad loco- L., 727, c. 1376. motive, with the intent to commit murder, or robbery, shall be fined not more than five thousand dollars, or imprisoned not more than twenty years, or both. Whoever shall willfully and maliciously trespass upon or enter upon any railroad train, railroad car, or railroad locomotive, with intent to commit any unlawful violence upon or against any passenger on said train, or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train or in any car thereof, or to commit any crime or offense against any person or property thereon, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Whoever shall counsel, aid, abet, or assist in the perpetration of any of the offenses set forth in this section shall be deemed to be a principal therein. Upon the trial of any person charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person. Punishment of death by hanging. R. S., s. 5325. No conviction to work corruption of blood or forfeiture of estate. R. S., s. 5326. Sec. 332. Who are principals. acy. 335. Felonies and misdemeanors. 336. Murder and manslaughter; place where crime deemed to have been committed. 337. Construction of certain words. 338. Omission ofwords "hard labor" -not to deprive court of power to impose. 339. Arrangement and classification of sections. 340. Jurisdiction of circuit and district courts. SEC. 323. The manner of inflicting the punishment of death shall be by hanging. SEC. 324. No conviction or judgment shall work corruption of blood or any forfeiture of estate. U. S. v. Coppersmith, 4 Fed. Rep., 198. Whipping and the pillory abolished. R. S., s. 5327. Jurisdiction of State Courts. R. S., s. 5328. Cross. North Caroolina, 132 U. S., 131; SEC. 325. The punishment of whipping and of standing in the pillory shall not be inflicted. SEC. 326. Nothing in this Title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof. Re Loney, 134 U. S., Pardoning power. R. S., s. 5330. Knote . U. S., 95 U. SEC. 327. Whenever, by the judgment of any court or judicial officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, 124; 16 A. G. Op., 1; 19 the one pecuniary and the other corporal, G. Op., 330, 668. the President shall have full discretionary S., 149; 8 A. G. Op., 281; 9 A. G. Op., 478; 11 A. G. Op., 35; 14 A. G. Op., A. G. Op., 377, 476; 20 A. power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. Indians committing 3 Mar., 1885, 23 Stat. L., 385, c. 341; 1 Supp., 482. L., 487, c. 29, s. 5; 2 15 Jan., 1897, 29 Stat. Toy Toy . Hopkins, 212. S., 542; U. S. v. 278; U. S. Kiya, 126 Celestine, 215 U. S., Fed. Rep., 879. SEC. 328. All Indians committing against certain crimes; how punthe person or property of another Indian ished. or other person any of the following crimés, namely murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, and larceny, within any Territory of the United States, and either within or without an Indian reservation, shall be 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 named 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 the same courts and in the same manner, and be subject to the same penalties as are all other 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 upon any female Indian within the limits of any Indian reservation shall be imprisoned at the discretion of the court. L., Crimes committed on 2 Feb., 1903, 32 Stat. 793, c. 351. 1901, c. 106. Laws of South Dakota, SEC. 329. The circuit and district courts Indian reservations in of the United States for the district of South South Dakota. Dakota shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, or larceny, committed within the limits of any Indian reservation in the State of South Dakota. Any person convicted of murder, manslaughter, rape, arson, or burglary, committed within the limits of any such reservation, shall be subject to the same punishment as is imposed upon persons committing said crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the crime of rape upon any female Indian within any such reservation shall be imprisoned at the discretion of the court. Any person convicted of the crime of assault with intent to kill, assault with a dangerous weapon, or larceny, committed within the limits of any such reservation, shall be subject to the same punishment as is provided in cases of other persons convicted of any of said crimes under the laws of the State of South Dakota. This section is passed in pursuance of the cession of jurisdiction contained in chapter one hundred and six, Laws of South Dakota, nineteen hundred and one. certain cases. L., 487, c. 29, s. 1; 2 may Qualified verdicts in SEC. 330. In all cases where the accused is found guilty of the crime of murder in 15 Jan., 1897, 29 Stat, the first degree, or rape, the jury 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 for life. Body of executed offender may be delivered to surgeon for dissection. R. S., 8. 5340. SEC. 331. The court before which any person is convicted of murder in the first degree, or rape, may, in its discretion, add to the judgment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person appointed by him, shall receive and take away the body at the time of execution. SEC. 332. Whoever directly commits any Who are principals. R. S., ss. 5323, 5427. Fed. Rep., 440. Dolan 1. U. S., 133 act constituting an offense defined in any law of the United States, or aids, abets, counsels, commands, induces, or procures its commission, is a principal. Punishment of acces sories. SEC. 333. Whoever, except as otherwise expressly provided by law, being an accessory R. S., ss. 5533, 5534, after the fact to the commission of any offense defined in any law of the United States, shall be imprisoned not exceeding one-half the longest 5535. |