ing section. R. S., s. 5569. under such regulations as may be agreed upon, for a period not exceeding five years from the date of their being landed at the place agreed upon. But the United States shall incur no expenses on account of such negroes, mulattoes, or persons of color, after having landed them at the place agreed upon. And any arrangement so made may be renewed by the President from time to time, as may be found necessary, for periods not exceeding five years on each renewal. Delivery of neSEC. 255. The President is authorized to issue instrucgroes in pursuance of preced- tions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such regulations as he may prescribe, to proceed directly to such place as shall have been agreed upon with any foreign government, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly constituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the vessel and persons engaged in prosecuting such trade to the United States for trial and adjudication. Kidnapping. R. S., s. 5525. Holding or returning person to peonage. R. S., s. 5526. Obstructing execution of above. SEC. 256. Whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or who entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held; or who in any way knowingly aids in causing any other person to be held, sold, or carried away to be held or sold as a slave, shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment not more than five years, or by both. SEC. 257. Whoever holds, arrests, returns, or causes to be held, arrested, or returned, or in any manner aids in the arrest or return of any person to a condition of peonage, shall be punished by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment not less than one year nor more than five years, or by both. SEC. 258. Whoever obstructs or attempts to obstruct, or in any way interferes with, or prevents the enforceR. S., s. 5527. ment of, the preceding section, shall be liable to the pains and penalties therein prescribed. napped persons into United 464, 1 Supp., 46. SEC. 259. Whoever shall knowingly and wilfully bring Bringing kons into the United States, or the Territories thereof, any states. person inveigled or forcibly kidnapped in any other coun- 23 June, 1874, try, with intent to hold such person so inveigled or kid- 18 Stat. L., 251, c. napped in confinement or to any involuntary service, or whoever shall knowingly and wilfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever, and whoever shall knowingly and wilfully hold to involuntary servitude any person so sold or brought, shall be deemed guilty of a felony, and, on conviction thereof, be imprisoned for a term not exceeding five years, and by a fine not exceeding five thousand dollars. Chapter Eleven. OFFENSES WITHIN THE TERRITORIAL AND MARITIME JURISDICTION OF THE UNITED STATES. Subchapter ́A.—Offenses against the person. Subchapter B.-Offenses against property. Subchapter C.-Offenses against the public peace. Subchapter D.-Offenses against chastity, decency, and morality. Subchapter E.-Offenses against public policy. Subchapter F.-Offenses against public health and safety. maritime juris SEC. 260. The crimes and offenses defined in this chap- Territorial and ter shall be punished as herein prescribed when committed diction prewithin or on 1. Any fort, arsenal,, dockyard, magazine, or other needful building or place under the exclusive jurisdiction of the United States; 2. The seas bordering on the United States within a distance of one marine league from the shore, or any river, haven, creek, basin, or bay immediately connected with such seas; 3. Lake Michigan and the Straits of Mackinac; and the waters of Lake Superior, Saint Mary's River, Lake Huron, River Saint Clair, Lake Saint Clair, Detroit River, Lake Erie, Niagara River, Lake Ontario, and River Saint Lawrence, to the middle of such waters; 4. Any vessel of the United States as defined by section forty-three hundred and eleven of the Revised Statutes; or 5. 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. scribed. Suicide. Sec. 280. Maiming defined, how punished. 281. Attempts to kill or commit other felonies. 282. Assault with weapon, and other aggravated assaults. 283. Administering poison, etc., with intent to injure. 284. Pointing firearms, discharging same, and injuring thereby. 285. Torture or abuse of children under sixteen years of age. 286. Assault and battery. 287. Robbery. 288. Rape. 289. Punishment for rape. 290. Seduction. 291. Seduction of female passengers on vessel. 292. Compelling women to marry. 293. Abduction. 294. Abandonment of child under six years. 295. Libel. 296. Kidnapping. 297. False imprisonment. 298. Punishment for false imprisonment. SEC. 261. Suicide is the intentional taking of one's own N. Y. Penal life. Code, s. 172. Darrow v. Family F. Soc., 42 Hun, 245, 3 N. Y. St. Rep., 745; s. c., 116 N. Y., 542; 27 N. Y. St. Rep., 476; Freeman v. Nat. Ben. Soc., 5 N. Y. St. Rep., 82; Com. v. Mink, 123 Mass., 422. Aiding suicide. Code, s. 175. SEC. 262. Whoever wilfully, in any manner, advises, N. Y. Penal encourages, abets, or assists another in taking the latter's Com. v. Bowen, life, is guilty of aiding suicide, and shall be imprisoned Wh. C. C. 226; not less than seven years. 13 Mass., 356, 2 Blackburn v. State, 23 Ohio St., 146; Regina v. Jessup, 10 Cr. L. M., 862. Aiding attempt at suicide. Code, s. 176. SEC. 263. Whoever wilfully, in any manner, advises, N. Y. Penal encourages, abets, or assists another person in attempting to take the latter's life is guilty of aiding an attempt at suicide and shall be imprisoned not more than two years, or be fined not more than one thousand dollars, or both. SEC. 264. Homicide is the killing of one human being People v. McLeod, 1 Hill, 377; Ruloff v. People, 45 N. Y., 213; Buel v. People, 78 N. Y., 498; Fitzgerald v. People, 37 N. Y., 413; People v. Conroy, 97 N. Y., 62; People v. McCarthy, 110 N. Y., 309; 47 Hun, 491; People v. Hill, 19 N. Y. St. Rep., 672; Stokes v. People, 53 N. Y., 164; People v. Willett 36 Hun, 501; People v. McCann, 16 N. Y., 58; Brotherton v. People, 75 N. Y., 159; O'Connell v. People, 87 N. Y., 377. Different kinds of homicide. N. Y. Penal Code, s. 180. Stokes v. People, 53 N. Y., 164; People v. Carnel, 2 Edm. S. C., 290; Sawyerv. People, 1 N. Y. Cr., 249; People v. Hill, 19 SEC. 265. Homicide is either: 1. Justifiable homicide; 2. Excusable homicide; 3. Murder in the first degree; 4. Murder in the second degree; or 5. Manslaughter. N. Y. St. Rep., 672; People v. Giblin, 114 N. Y., 196; People v. Beckwith, 103 N. Y., 361. Justifiable SEC. 266. Homicide is justifiable when committed by homicide by pub public officers and those acting under their command and lic officers. in their aid and assistance, either or, Hill's Ann. Laws Oreg., s. 1729. 1. In obedience to any judgment of a competent court; . Y. Penal Code, s. 204. State v. Gut, 13 raddy v. People, 2. When necessarily committed in overcoming actual Minn., 341; Conresistance to the execution of some legal process or to the 5 Park. 284; Rez discharge of any other legal duty; or, neau v. Tenn., 12 Alb. L. J., 57; People v. Carl Rep., 426; People v. McCarthy, 47 Hun, 491; aff'd., homicide by other persons. Hill's Ann. 3. When necessarily committed in retaking felons who ton, 115 N. Y. St. have been rescued, or who have escaped, or when necessarily committed in arresting felons fleeing from justice. 110 N. Y., 309. SEC. 267. Homicide is also justifiable when committed, Justifiable by any person in either of the following cases: 1. To prevent the commission of a felony upon such per- Laws Oreg., s. son, or upon his or her husband, wife, parent, child, mas- N. Y. Penal ter, mistress, or servant; or, 2. To prevent the commission of a felony upon the prop-all v. State, 1 erty of such person, or upon property in his possession, Oreg., 335; State or upon or in any dwelling house where such person may cheatwood, 2 be; or, 3. In the attempt, by lawful ways and means, to a person who has committed a felony; or in the attempt to suppress a riot, or preserve the peace. 1729. Code, s. 205. Oreg., 38; State v. Hill (S. C.), 459; arrest 5 Cush., 295; State lawful Ired., 354; Felix v. Johnson, 1 v. State, 18 Ala., 720; State v. Baker, 1 Jones, 267; Excusable homicide defined. Evers v. People, 3 Hun, 716; s. c., 63 N. Y., 625; Real v. People, 42 N. Y., 270; s. c., 55 Barb., 551, 8 Abb. Pr. (N. S.), 314; Shorter v. People, 2 N. Y., 163; Patterson v. People, 46 Barb., 625; People v. Lamb, 54 Barb., 342; People v. Austin, 1 Park, 154; People v. Cole, 4 Park, 35; Pfomer v. People, 4 Park, 558; Uhl v. People, Park, 410; People v. Sullivan, 7 N. Y., 396; People v. Harper, Edm. S. C., 180; People v. Downs, 56 Hun, 11: 29 N. Y. St. Rep., 121; People v. Carlton, 115 N. Y., 623; People v. Druse, 103 N. Y., 655; People v. Walworth, 4 N. Y. Cr., 378; People v. McGrath, 47 Hun, 325. SEC. 268. Homicide is excusable when committed1. By accident or misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent; or, Hill's Ann. Laws Oreg., s. 1731. 1 Wall., Jr., 1, 26 Fed. Cas., 360; State v. Harris, 63 Carlton, 115 N.Y., 2. By accident or misfortune in the heat of passion, upon N. C., 1; People v. any sudden and sufficient provocation, or upon a sudden 618. combat without premeditation or undue advantage being taken, and without any dangerous weapon or thing being used, and not done in a cruel and unusual manner. first degree. Bates' Ohio Ruffner V. SEC. 269. Whoever, being of sound memory and discre- Murder in the tion, purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating or in Stat., 1897, s. 6808. attempting to perpetrate, any rape, arson, robbery, or State, 25 Ohio St., burglary, kills another, is guilty of murder in the first State, 8 Ohio St., degree, and shall suffer death. 468; Fouts v. 98; Robbins v. State, 8 Ohio St., 131; Kain v. State; 8 Ohio St., 306; Shoemaker v. State, 12 Ohio,. 43. Murder by obstructing or injuring a railroad. Bates' Ohio SEC. 270. Whoever maliciously places an obstruction upon a railroad or street railroad, or displaces or injures Stat., 1897, s. 6809, anything appertaining thereto, or does any other act with Jones v. State, intent to endanger the passage of any locomotive or car, and thereby occasions the death of another, is guilty of murder in the first degree, and shall suffer death. 51 Ohio St., 331, 341. Murder in the second degree. SEC. 271. Whoever purposely and maliciously, except as provided in the last two sections, kills another, is guilty Stat., 1897, s. 6810. of murder in the second degree, and shall be imprisoned Bates' Ohio Davis v. State, 25 Ohio St., 269; for life or for any period not less than twenty years. Silvus v. State, 22 Ohio St., 90; Weaver v. State, 24 Ohio St., 584; Erwin v. State, 29 Ohio St., 186; Stewart v. State, 1 Ohio St., 66; Stoffer v. State, 15 Ohio St., 47; Marts v. State, 26 Ohio St., 162; Close v. Cooper, 34 Ohio St., 98; Darlings v. Williams, admr., 35 Ohio St., 58. Manslaughter. SEC. 272. Whoever unlawfully kills another, except as Bates' Ohio provided in the last three sections, is guilty of manslaughter, Erwin v. State, and shall be imprisoned not more than twenty years nor less than one year. 29 Ohio St., 186; Montgomery State, 11 Ohio,424; State v. Barker, 28 Ohio St., 583; State v. Harper, 35 Ohio St., 78; Hagan v. State, 10 Officers and owners of steam whose SEC. 273. Every captain, engineer, pilot, or other perboats through son employed on any steamboat or vessel, by whose misduct, etc., life is conduct, negligence, or inattention to his duties on such lost, guilty of manslaughter. vessel the life of any person is destroyed, and every owner, R. S., s. 5344. inspector, or other public officer through whose fraud, ham, 2 Blatch., connivance, misconduct, or violation of law the life of any 1042; U.S. v. War person is destroyed, shall be deemed guilty of manslaughter 463, 28 Fed. Cas., and shall be punished accordingly. U. S. v. Farn 528, 25 Fed. Cas., ren, 4 McLean, 404; U. S. v. Tay lor, 5 McLean, 42, 28 Fed. Cas., 24. etc. Code, s. 195. Wilson v. Peo Negligent use SEC. 274. Whoever, by any act of negligence or misconof machinery, duct in a business or employment in which he is engaged, N. Y. Penal or in the use or management of any machinery, animal, or ple, 4 Park, 641; property of any kind entrusted to his care, or under his Thomas . Win control, or by any unlawful, negligent, or reckless act not 397, 409; People v. specified by or within the foregoing provisions of this 154; People v. chapter or the provisions of some other statute, occasions Y., 1,5; People v. the death of a human being, shall be deemed guilty of v. chester, 6 N. Y., Austin, 1 Park, Schryver, 42 N. Buddensieck, 103 N. Y., 487. manslaughter and be punished accordingly. cious animals large. Stats., 1884, s.1539. Killing by vi- SEC. 275. If the owner of a vicious animal, knowing its suffered to go at propensities, shall wilfully suffer it to go at large, or shall Digest of Ark, keep it without ordinary care, and such animal, while at large or not confined, shall kill any human being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be deemed guilty of manslaughter and be punished accordingly. |