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Sec. 797. AccOUNT AND DISTRIBUTION.-In such suit, if the court shall be of opinion that the complainant is entitled to the relief prayed, and that such corporation ought to be dissolved, the court shall cause an account to be taken of the assets and debts of the corporation and shall decree an equal distribution of the assets among the creditors, subject to existing liens; but if said corporation. has no property to satisfy its creditors, or to the extent to which its property is insufficient therefor, the court may require the stockholders, who are parties defendant to the suit, to pay into court the amounts due and unpaid on the shares of stock held by them, and shall ascertain the amounts properly chargeable, in favor of creditors, to said stockholders and the trustees, directors, or other officers who are parties to the suit, and in the final decree for the dissolution shall adjudge and decree that said amounts shall be paid into court by the parties respectively liable therefor, to be applied to the payment of the debts of the corporation.
Burge v. U. S.,
525; Hill v. U.S.,
402; Hamilton v.
CRIMES AND PUNISHMENTS.
Subchapter I.-OFFENSES AGAINST THE PERSON.
Sec. 798. MURDER IN FIRST DEGREE.-Whoever, being 325, H.; of sound memory and discretion, purposely, and either 22 D. C. App., 395, of deliberate and premeditated malice or by means of U. S., 26 D. C. poison, or in perpetrating or in attempting to perpetrate App., 382; U. S. 7. Evans, 28 D. C. any offense punishable by imprisonment in the penitenApp., 265-270; 6 tiary, kills another, is guilty of murder in the first degree.
4 D. C. App., 430; 28 D. C. App., 169; 20 D. C. App., 494.
Killing by poisoning, drowning,
averred in indict
Sec. 799. Whoever maliciously places an obstruction upon a railroad or street railroad, or displaces or injures anything appertaining thereto, or does any other act with 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.
Sec. 800. MURDER IN SECOND DEGREE.-Whoever with malice aforethought, except as provided in the last two sections, kills another is guilty of murder in the second degree.
Sec. 801. PUNISHMENT.-The punishment of murder in the first degree shall be death by hanging. The punishment of murder in the second degree shall be imprisonment for life, or for not less than twenty years.
Sec. 802. MANSLAUGHTER.-Whoever commits manslaughter shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding fifteen years, or by both such fine and imprisonment.
Sec. 803. ASSAULT WITH INTENT TO KILL, AND SO etc., must be FORTH.-Every person convicted of any assault with intent to kill or to commit rape, or to commit robbery, or Coratolo . U. mingling poison with food, drink, or medicine with intent 229; 16 D.C.App., to kill, or willfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not more than fifteen years.
S., 24 D. C. App.,
Md. act, 1793, ch. 58, sec. 12.
Sec. 804. MAYHEM. Every person convicted of an assault with intent to commit mayhem, or of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than ten years.
Sec. 805. ASSAULT.-Whoever assaults another with intent to commit any other offense which may be ished by imprisonment in the penitentiary shall be imprisoned not more than five years.
Sec. 806. Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more
than five hundred dollars, or be imprisoned not more than twelve months, or both.
Sec. 807. Every person convicted of mayhem or of maliciously disfiguring another shall be imprisoned for not more than ten years.
Snowden v. U.
Sec. 808. RAPE.-Whoever has carnal knowledge of a female forcibly and against her will, or carnally knows 89; 20 D. C. App., and abuses a female child under sixteen years of age, shall R. S. D. C., be imprisoned for not less than five nor more than thirty years: Provided, That in any case of rape the jury may add to their verdict, if it be guilty, the words "with the death penalty," in which case the punishment shall be death by hanging: Provided further, That if the jury fail to agree as to the punishment, the verdict of guilty shall be received and the punishment shall be imprisonment as provided in this section.
Sec. 809. PROCURING MISCARRIAGE.-Whoever, with Thompson v.U. S., 30 D. C. App intent to procure the miscarriage of any woman, pre- 362; 30 D.C.App scribes or administers to her any medicine, drug, or substance whatever, or with like intent uses any instrument or means, unless when necessary to preserve her life or health and under the direction of a competent licensed practitioner of medicine, shall be imprisoned for not more than five years; or if the woman or her child dies in consequence of such act, by imprisonment for not less than three nor more than twenty years.
U. S. v. Evans, 28 D. C. App., 264;
Sec. 810. ROBBERY.-Whoever by force or violence, whether against resistance or by sudden or stealthy seizure 35 L. R., 6. or snatching, or by putting in fear, shall take from the person or immediate actual possession of another anything of value, is guilty of robbery, and any person convicted thereof shall suffer imprisonment for not less than six months nor more than fifteen years.
Sec. 811. Whoever attempts to commit robbery, as defined in the preceding section, by an overt act, shall be imprisoned for not more than three years or be fined not more than five hundred dollars, or both.
Sec. 812. ABDUCTION.-Whoever unlawfully and forcibly or fraudulently carries off or decoys out of the District any person, or arrests or imprisons any person with the intention of having such person carried out of the District, shall be imprisoned for not less than one nor more than seven years, or fined not exceeding one thousand dollars, or both: Provided, That whoever leads, carries, or entices away a child under the age of sixteen years, with the intent unlawfully to detain or conceal such child so led, taken, or enticed away, shall be imprisoned for not more than twenty years or fined not exceeding one thousand dollars, or both.
Sec. 813. Any person who, for purposes of prostitution, persuades, entices, or forcibly abducts from her home or usual abode, or from the custody and control of her parents or guardian, any female under sixteen years of age shall be punished by imprisonment for not less than two
Raymond v. U. S., 25 D. C. App., 500.
See 32 L. R., 161: Yousling v.
nor more than twenty years; and whoever knowingly secretes or harbors any such female so persuaded, enticed, or abducted as aforesaid shall suffer imprisonment for not more than eight years.
Sec. 814. CRUELTY TO CHILDREN.-Any person who shall torture, cruelly beat, abuse, or otherwise willfully maltreat any child under the age of eighteen years; or any person, having the custody and possession of a child under the age of fourteen years, who shall expose, or aid and abet in exposing, such child in any highway, street, field, house, outhouse, or other place, with intent to abandon it, or any person, having in his custody or control a child under the age of fourteen years, who shall in any way dispose of it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a ropewalker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and, when convicted thereof, shall be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding two years, or both.
Sec. 815. LIBEL.-Whoever publishes a libel shall be punished by a fine not exceeding one thousand dollars or ímprisonment for a term not exceeding five years, or both. Sec. 816. WHAT IS PUBLICATION. To knowingly send Dare, 98 N. W., or deliver any libelous communication to the party libeled is a sufficient publication to subject the person sending or delivering the same to punishment as aforesaid. 498; R. S.D., Sec. 817. JUSTIFICATION.-Any publication of a libel shall be justified if it appear that the matter charged as libelous was true and was published with good motives and for justifiable ends.
28 D. C. App.,
Slater v. Taylor, 31 D. C. App.,103.
Sec. 818. FALSE CHARGES OF UNCHASTITY.-Whoever wrongfully accuses any woman of unchastity shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both, and shall also be liable to a civil action for damages by the party injured.
Sec. 819. BLACKMAIL.-Whoever verbally or in writing accuses or threatens to accuse any other person of a crime or of any conduct which, if true, would tend to disgrace such other person, or in any way subject him to the ridicule or contempt of society, or threatens to expose or publish any of his infirmities or tailings, with intent to extort from such other person anything of value or any pecuniary advantage whatever, or to compel the person accused or threatened to do or to refrain from doing any act, and whoever with such intent publishes any such accusation against any other person shall be imprisoned for not more than five years or be fined not more than one thousand dollars, or both.
Subchapter II.-OFFENSES AGAINST PROPERTY.
26 D. C. App., 303;
Sec. 820. ARSON.-Whoever shall maliciously burn or Posey v. U. S., attempt to burn any dwelling, or house, barn, or stable R. S. D. C., 1151. adjoining thereto, or any store, barn, or outhouse, or any shop, office, stable, store, warehouse, or any other building, or any steamboat, vessel, canal boat, or other water craft, or any railroad car, the property, in whole or in part, of another person, or any church, meetinghouse, schoolhouse, or any of the public buildings in the District, belonging to the United States or to the District of Columbia, shall suffer imprisonment for not less than one year nor more than ten years.
Sec. 821. Whoever maliciously burns or sets fire to any dwelling, shop, barn, stable, store, or warehouse or other building, or any steamboat, vessel, canal boat, or other water craft, or any goods, wares, or merchandise, the same being his own property, in whole or in part, with intent to defraud or injure any other person, shall be imprisoned for not more than fifteen years.
Sec. 822. Whoever shall maliciously burn or set fire to any fences, woods, stacks of hay, grain, or straw, or growing crops, the property, in whole or in part, of another, shall be imprisoned for not more than thirty days or be fined not more than five hundred dollars, or both.
Sec. 823. HOUSEBREAKING.-Whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building, or any apartment or room, whether at the time occupied or not, or any steamboat, canal boat, vessel, or other water craft, or railroad car, or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be imprisoned for not more than fifteen years.
Sec. 824. UNLAWFUL ENTRY ON PRIVATE PROPERTY. Any person who, without lawful authority, shall enter, or attempt to enter, a private dwelling against the will of the lawful occupant thereof, or being therein without lawful authority to remain therein, shall refuse to quit the same on the demand of the lawful occupant thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding fifty dollars or imprisonment in the jail for not more than six months, or both, in the discretion of the court.
Sec. 825. DEPREDATION ON FIXTURES IN HOUSES.— Whoever shall willfully and without color of right enter into any occupied or unoccupied dwelling house or other building, property of another, and shall cut, break, or tear from its place any gas pipe, water pipe, doorbell, or other fixture therein; or whoever shall in such dwelling house or other building willfully and without color of right
Brown v. Slater, 23 D. C. App., 51.