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Conspiracy.

Pettibone v. U.

SEC. 396. Whoever agrees, combines, or conspires with one or more other persons to commit offense defined U.S. v. Watson, 17 in this title shall be punished by imprisonment not to

S.,

,148 U. S., 203;

Fed. Rep., 145; U.

any

S. v. Lancaster, 44 exceed three years, or fined not to exceed one thousand

Fed. Rep., 896.

Vagrancy.

Ala., s. 5628.

Ex parte Birch

Ala., 19; Stokes'

case, 92 Ala., 73; Williams's case, 98 Ala., 52.

dollars, or both.

SEC. 397. Whoever having no visible means of support, Crim. Code For, being dependent on his own labors, lives without emfield, 52 Ala., 377; ployment; or whoever, being an able-bodied person, is Taylor's case, 59 found begging; or whoever is an habitual drunkard, or a common thief or prostitute, shall be deemed a vagrant, and on conviction for the first offense shall be fined not less than ten nor more than fifty dollars, and on his second conviction within six months after the first, shall be fined not less than fifty nor more than one hundred dollars, or imprisoned not more than six months, or both.

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use into public waters.

Sec.

403. Disposing of tainted food.

404. Selling imitations of food.

405. Keeping or making gunpowder.

406. Making or selling dangerous weapons.
407. Furnishing insecure scaffolding.

Throwing ref- SEC. 398. Whoever throws or deposits gas tar, or the refuse of a gas house or gas factory, or offal, refuse, or N. Y. Penal any other noxious, offensive, or poisonous substance into Ferguson, 23 any public waters, or into any sewer or stream running or entering into such public waters, shall be fined not more. than one hundred dollars.

Code, s. 390.
New York V.

Hun, 594.

Depositing un

wholesome sub

way.

N. Y. Penal Code, s. 431.

SEC. 399. Whoever deposits, leaves, or keeps, on or stance on high- near a highway or route of public travel, either on the land or on the water, any noisome or unwholesome substance, or establishes, maintains, or carries on, upon or near a public highway or route of public travel, either on the land or on the water, any business, trade, or manufacture which is noisome or detrimental to public health, shall be fined not less than one hundred dollars or imprisoned not less than three nor more than six months, or both.

Exposing

fectious person,

etc.

in- SEC. 400. Any person suffering from any infectious or contagious disease, who wilfully exposes himself in any Leg. Assem. D. street, public place, or conveyance, or any person having the care, charge, or control of such diseased person, or any owner or driver of any such conveyance who does not immediately provide for the disinfection of the same, after

C., June 19, 1872, c. 4, s. 5.

it has conveyed such diseased person; and any person who gives, lends, sells, transmits, or exposes any clothing, bedding, rags, or other things which have been exposed to infection, shall be fined not less than ten nor more than one hundred dollars.

Apothecary

N. Y. Penal

SEC. 401. Any apothecary or druggist, or person em- failing to label ployed as clerk or salesman by an apothecary or drug-drugs. gist, or otherwise carrying on business as a dealer in drugs code, s. 401. or medicines, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, wilfully, negligently, or ignorantly omits to label the same, or puts any untrue label, stamp, or other designation of contents upon any box, bottle, or other package containing a drug or medicine, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, shall be fined not more than one thousand dollars.

Selling poison

without label.

Penal

N. Y.
Thomas v. Win-

Code, s. 404.

397.

SEC. 402. Whoever sells, gives away, or disposes of any poison or poisonous substance without securely attaching to the bottle, vial, box, or parcel containing such poisonous substance a label with the name and residence of such chester, 6 N. Y., person, the word "Poison" and the name of such poison all written or printed thereon in plain and legible characters; and whoever gives away or disposes of or offers for sale any sulphate or other preparation of opium or morphine, except paregoric and those preparations containing two grains or less of opium or morphine to the ounce, without attaching to the bottle, vial, box, or package containing such sulphate or other preparation of opium or morphine a label plainly naming the contents thereof, with the name and residence of such person, shall be fined not more than one thousand dollars.

Disposing

tainted food.

of

N. Y. Penal Code, s. 408.

Goodrich v.

SEC. 403. Whoever, with intent that the same may be used as food, drink, or medicine, makes, manufactures, sells, or offers for sale any article whatever which, to his knowledge, is tainted or spoiled, or for any cause unfit to People, 19 N. Y., be used as such food, drink, or medicine, shall be fined not Parker, 38′ ibid., more than five hundred dollars.

574; People v.

85.

N. Y. Penal

SEC. 404. Whoever manufactures or knowingly sells, Selling imitaexposes, or offers for sale as an article of food any substance in imitation thereof, without disclosing the imitation by a suitable and plainly visible mark or brand, shall be fined not more than two hundred dollars.

Code, s. 430.

People v. Hill,

44 Hun, 472; Peo

ple v. Arensberg, 103 N. Y., 388.

Keeping or making gunpow

der, etc.

Code, s. 389.

People

78; Myers v. Mal

comb, 6 Hill, 292; Bradley v. Peo

Y., 579; Van

Norden v. Robin

SEC. 405. Whoever by the careless, negligent, or unauthorized use or management of gunpowder or other exN. Y. Penal plosive substance injures or occasions the injury of the Sands, 1 Johns, person or property of another, shall be imprisoned not more than two years. Whoever knowingly presents, ple, 56 Barb., 72; attempts to present, or causes to be presented or offered N. 679 for shipment to any railroad, steamboat, steamship, exson, 45 Hun, 570; press, or other company engaged as common carrier of pasbar, 57 Penn. St., sengers or freight, dynamite, nitroglycerine, powder, or other explosives dangerous to life or limb, without revealing the true nature of said explosives or substance so offered or attempted to be offered to the company or carrier to which it shall be presented, shall be fined in any sum not exceeding one thousand dollars, and not less than three hundred dollars, or imprisoned not less than one nor more than five years, or both.

Rhodes v. Dun

274.

Making or sell

ing dangerous

Code, s. 409.

SEC. 406. Whoever manufactures or causes to be manuweapons. factured, or sells or keeps for sale, or offers, or gives, or N. Y. Penal disposes of any instrument or weapon of the kind usually known as slungshot, billy, sandclub, or metal knuckles, shall be fined not more than five hundred dollars, or imprisoned not more than two years, or both.

Furnishing insecure scaffolding.

N. Y. Penal Code, s. 447a.

Sec.

SEC. 407. Whoever employs or directs another to do or perform any labor in the erection, repairing, altering, or painting any house, building, or structure, and knowingly or negligently furnishes or erects, or causes to be furnished or erected for the performance of such labor, unsafe, unsuitable, or improper scaffolding, hoists, stays, ladders, or other mechanical contrivances, shall be fined not more than five hundred dollars.

Chapter Twelve.

PIRACY AND OTHER OFFENSES UPON THE SEAS.

408. Piracy under the law of nations.

409. Maltreatment of crew by officers of vessel.
410. Inciting revolt or mutiny on shipboard.
411. Revolt and mutiny on shipboard.

412. Abandonment of mariners in foreign ports.
413. Conspiracy to cast away vessel.
414. Plundering vessel in distress, etc.

415. Attacking vessel with intent to plunder.
416. Breaking and entering vessel, etc.
417. Owner destroying vessel at sea.
418. Other persons destroying vessel at sea.
419. Attempt to destroy vessel at sea.
Piracy under
the law of na-
tions.

15 Jan., 1897, 29

Sec.

420. Seaman laying violent hands on his com

mander.

421. Robbery on shore by crew of piratical vessel. 422. Arming vessel to cruise against citizens of

the United States.

423. Piracy under color of a foreign commission. 424. Piracy by subjects or citizens of a foreign State.

425. Running away with or yielding up vessel or
cargo.

426. Confederating, etc., with pirates.
427. "
Vessel of the United States" defined.

SEC. 408. Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is

R. S., s. 5368. afterwards brought into or found in the United States, Stat. L., 487, c. 29, shall be punished by imprisonment at hard labor for life.

s. 22, Supp., 538.

U. S. v. Smith, 5 Wheat., 153; U. S. v. Pirates, 5 Wheat., 184; The Three Friends, 166

U. S. 1; The Ambrose Light, 25 Fed. Rep., 408.

Maltreatment of crew by officers of vessel.

3 Mar., 1897, 29 Stat. L., 687, c. 389, s. 18, 2 Supp., 609.

U.S.vRauscher.

SEC. 409. Whoever, being the master or officer of a vessel of the United States, without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or R. S. s. 5347. withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be punished by a fine of not more than one thousand 119 U. S., 407; U. dollars, or by imprisonment not more than five years, or Sprague, 95, 24 by both. Nothing herein contained shall be construed to S. v. Bennett, 3 repeal or modify section forty-six hundred and eleven of Fed. Cas., 1111; the Revised Statutes.

S. v. Alden, 1

Fed. Cas., 768; U.

Hughes, 466, 24

U. S. v. Collins. 2
Curtis, 194, 25
Fed. Cas., 545; U.

S. v. Freeman, 4 Mason, 505, 25 Fed. Cas.; 1208; U. S. v. Taylor, 2 Sumn., 584, 28 Fed. Cas., 31; U. S.v. Winn, 3 Sumn., 209, 28 Fed. Cas., 733; Re Smith, 13 Fed. Rep., 25; U. S. v. Trice, 30 Fed. Rep., 490; U. S. v. Cutler, 1 Curtis, 501, 25 Fed. Cas., 740.

or mutiny on

U. S. v. Kelly,
The Hibernia, 1

Fed. Cas., 112; U.
Ashton, 2
Sumn., 13, 24 Fed.

Barker, 5 Mason,

SEC. 410. Whoever, being of the crew of a vessel of the Inciting revolt United States, endeavors to make a revolt or mutiny on shipboard. board such vessel, or combines, conspires, or confederates R. S., s. 5359. with any other person on board to make such revolt or 11 Wheat., 417; mutiny, or solicits, incites, or stirs up any other of the Sprague, 78, 12 crew to disobey or resist the lawful orders of the masters. v. or other officer of such vessel, or to refuse or neglect their Cas., 873; U. S. v. proper duty on board thereof, or to betray their proper 404, 24 Fed. Cas., trust, or assembles with others in a tumultuous and muti- den, Pet. C. C., nous manner, or makes a riot on board thereof, or unlaw-1161; U. S. v. Borfully confines the master, or other commanding officer 374, 24 Fed. Cas., thereof, shall be punished by a fine of not more than thousand dollars, or by imprisonment not more than years, or by both such fine and imprisonment.

213, 24 Fed. Cas.,

den, 1 Sprague,

1202; U. S. v. Cas

one sedy 2 Sumn., five 321 U. S

582, 25 Fed. Cas., S,

V.

Gardner, 5 Mason, 402, 25 Fed. Cas., 1258; U. S. v.

Givings, 1 Sprague, 75, 25 Fed. Cas., 1331; U. S. v. Haines, 5 Mason, 272, 26 Fed. Cas., 62; U. S. v. Hamilton, 1 Mason, 443, 26 Fed. Cas., 93; U. S. v. Hemmer, 4 Mason, 105, 26 Fed. Cas., 259; U. S. v. Henry, 4 Wash., 428, 26 Fed. Cas., 276; U. S. v Keefe, 3 Mason, 475, 26 Fed. Cas., 685; U. S. v. Lawrence, 1 Cranch C. C., 94, 26 Fed. Cas., 885; U. S. v, Lynch, 2 N. Y. Leg. Obs., 51, 26 Fed. Cas. 1033; U. S. v. Matthews, 2 Sumn., 470, 26 Fed. Cas., 1207; U. S. v. Morrison, 1 Sumn., 448, 26 Fed. Cas. 1351; U. S. v. Nye, 2 Curtis, 225, 27 Fed. Cas., 210; U. S. v. Roberts, 2 N. Y. Leg. Obs., 99, 27 Fed. Cas., 822; U. S. v. Rogers, 3 Sumn., 342, 27 Fed. Cas., 890; U. S. v. Savage, 5 Mason 460, 27 Fed. Cas., 966; U. S. v. Seagrist, 4 Blatch 420, 27 Fed. Cas., 1002; U. S. v. Sharp, Pet. C. C. 118, 27 Fed. Cas., 1041; U. S. v. Smith, 1 Mason, 147, 27 Fed. Cas., 1166; U.S. v. Smith, 3 Wash., 78, 27 Fed. Cas., 1246; U. S. v. Staly, 1 Wood & M., 338, 27 Fed. Cas., 1290; U. S. v. Stevens, 4 Wash., 547, 27 Fed. Cas., 1335; U. S. v. Thompson, 1 Sumn., 168, 28 Fed. Cas., 102; U. S. v. Winn, 3 Sumn., 209, 28 Fed, Cas., 733; U. S. v. Stone, 8 Fed. Rep., 232; U. S. v. Huff, 13 Fed. Rep., 630.

mutiny on ship

board.

R. S.,8.5360.

U.S. v. Borden,

1 Sprague, 374, 24

Fed. Cas., 1202;
U. S. v. Forbes,

Crabbe, 558, 25

Fed. Cas., 1141;

SEC. 411. Whoever, being of the crew of a vessel of the Revolt and United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, U.S. v. Givings, 1 or transfers such authority and command to another not Sprague, 75, 25 lawfully entitled thereto, is guilty of a revolt and mutiny, wash., 402, 26 and shall be punished by a fine of not more than two thou- Fed. Cas., 207; U. sand dollars, and by imprisonment at hard labor not more Wood & M., 305, than ten years.

Fed. Cas., 1331;
U. S. v. Haskell, 4

S. v. Peterson, 1 27 Fed. Cas., 515.

Abandonment

of mariners in

foreign ports.

R. S., s. 5363.

SEC. 412. Whoever, being master or commander of a vessel of the United States, during his being abroad, maliciously and without justifiable cause forces any officer or 1 Cliff, 145, 18 mariner of such vessel on shore, in order to leave him S. v. Coffin, behind in any foreign port or place, or refuses to bring

Nieto v. Clark,

Fed. Cas., 236; U.

Sumn., 394, 25

S. v. Netcher, 1

Fed. Cas., 485; U; home again all such officers and mariners of such vessel Story, 307, 27 Fed. whom he carried out with him, as are in a condition to

Cas., 89; U. S. v.

644, 27 Fed. Cas.,

gles, 5 Mason, 192,

Riddle, 4 Wash., return and willing to return, when he is ready to proceed 809: U.S. v. Rug on his homeward voyage, shall be punished by a fine of 27 Fed. Cas., 912: not more than five hundred dollars, or by imprisonment 13 Fed. Rep., 291. not more than six months.

Chinese laborers,

Conspiracy to

cast away vessel.

R. S., s. 5364.

McLean, 513, 25

S.
Fed. Cas., 102.

U.

SEC. 413. Whoever wilfully and corruptly conspires, combines, and confederates with any other person, such U. S. v. Cole, 5 other person being either within or without the United Fed. Cas., 493; U States, to cast away or otherwise destroy any vessel of the McLean, 274, 26 United States with intent to injure any person that may have underwritten or may thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; and whoever, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent herein before mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years.

Plundering vessel in distress,

etc.

s.

SEC. 414. Whoever, within the territorial or maritime jurisdiction of the United States, plunders, steals, or deR. S., S. 5358, stroys any money, goods, merchandise, or other effects, 12 Pet., 72; U. S. v. from or belonging to any vessel in distress, or wrecked, 15, 26 Fed. Cas. lost, stranded, or cast away upon the sea, or upon any

U. S. v. Coombs,

Kessler, Baldw.,

766; U. S. v. Pit

196, 27 Fed. Cas.,

man, 1 Sprague, reef, shoal, bank, or rocks of the sea; and whoever wilfully 540; U. S. obstructs the escape of any person endeavoring to save his 640, 27 Fed. Cas., life from such vessel, or the wreck thereof; and whoever

Smiley, 6Sawyer,

1132; U. S. V.

Rep., 715, U. S. v,

Rep., 232.

Lauche, 7 Fed. holds out or shows any false light, or extinguishes any Stone, 8 Fed. true light, with intent to bring any vessel sailing upon the sea, into danger, or distress, or shipwreck, shall be punished by a fine of not more than five thousand dollars, and imprisonment at hard labor not more than ten years. SEC. 415. Whoever, within the territorial or maritime to plunder. jurisdiction of the United States, by surprise or by open R. S., s. 5361. force maliciously attacks or sets upon any vessel belonging 8 Fed. Rep., 232. to another, with an intent unlawfully to plunder the same or to despoil any owner thereof of any moneys, goods, or

Attacking vessel with intent

U. S. v. Stone,

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