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"An Act to prevent and punish the counterfeiting within the United States of notes, bonds, or other securities of foreign governments,' approved May sixteenth, eighteen hundred and eighty-four;

Section nine of “An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes,'' approved March third, eighteen hundred and eighty-five;

Section two of “An Act to amend the Act entitled 'An Act to modify the money-order system, and for other purposes,' approved March third, eighteen hundred and eighty-three," approved January third, eighteen hundred and eighty-seven ;

Sections three, four, five, nine, and ten of “An Act to amend an Act entitled 'An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March twenty-second, eighteen hundred and eighty-two,'' approved March third, eighteen hundred and eighty-seven ;

Section two of “An Act relating to permissible marks, printing or writing, upon second, third, and fourth class matter, and to amend the twentysecond and twenty-third seconds of an Act entitled 'An Act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes, approved January twentieth, eighteen hundred and eighty-eight;

“An Act to amend section fifty-three hundred and eighty-eight of the Revised Statutes of the United States in relation to timber depredations,' approved June fourth, eighteen hundred and eighty-eight;

"An Act relating to postal crimes, and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight;

An Act amendatory of 'An Act relating to postal crimes and amendatory of the statutes therein mentioned,' approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes," approved September twenty-sixth, eighteen hundred and eighty-eight;

“An Act to punish, as a felony, the carnal and unlawful knowing of any female under the age of sixteen years," approved February ninth, eighteen hundred and eighty-nine;

Sections one and two of "An Act to punish dealers and pretended dealers in counterfeit money and other fraudulent devices for using the United States mails," approved March second, eighteen hundred and eighty-nine;

Section one of “An Act to amend certain sections of the Revised Statutes relating to lotteries, and for other purposes," approved September nineteenth, eighteen hundred and ninety;

“An Act further to prevent counterfeiting or manufacture of dies, tools, or other implements used in counterfeiting, and providing penalties therefor, and providing for the issue of search warrants in certain cases,' approved February tenth, eighteen hundred and ninety-one;

“An Act to amend sections fifty-three hundred and sixty-five and fiftythree hundred and sixty-six of the Revised Statutes relating to barratry on the high seas," approved August sixth, eighteen hundred and ninety-four;

Sections one and two of “An Act for the suppression of lottery traffic through national and interstate commerce and the postal service, subject

to the jurisdiction and laws of the United States," approved March second, eighteen hundred and ninety-five;

"An Act to prohibit prize fighting and pugilism and fights between men and animals, and to provide penalties therefor in the Territories and the District of Columbia,'' approved February seventh, eighteen hundred and ninety-six;

That part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-five,” approved August eighth, eighteen hundred and ninety-four, and that part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-six," approved March second, eighteen hundred and ninety-five, and that part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven,” approved April twenty-fifth, eighteen hundred and ninetysix, which reads as follows: "Any person who shall knowingly issue or publish any weather forecasts or warnings of weather conditions falsely representing such forecasts or warnings to have been issued or published by the Weather Bureau, United States Signal Service, or other branch of the government service, shall be deemed guilty of a misdemeanor, and, on conviction thereof, for each offense be fined in a sum not exceeding five hundred dollars, or imprisoned not to exceed ninety days, or be both fined and imprisoned, in the discretion of the court;"

That part of “An Act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes," approved June tenth, eighteen hundred and ninety-six, which reads as follows: Provided further, That hereafter it shall be unlawful for any person to destroy, deface, change, or remove to another place and [any?] section corner, quarter-section corner, or meander post on any Government line of survey, or to cut down any witness tree or any tree blazed to mark the line of a Government survey, or to deface, change, or remove any monument or bench mark of any Government survey. That any persons who shall offend against any of the provisions of this paragraph shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court, shall be fined not exceeding two hundred and fifty dollars or be imprisoned not more than one hundred days. All the fines accruing under this paragraph shall be paid into the Treasury, and the informer in each case of conviction shall be paid the sum of twenty-five dollars;

“An Act to reduce the cases in which the penalty of death may be inflicted," approved January fifteenth, eighteen hundred and ninety-seven;

“An Act to prevent the carrying of obscene literature and articles designed for indecent and immoral use from one State or Territory into another State or Territory," approved February eighth, eighteen hundred and ninety-seven;

“An Act to prevent forest fires on the public domain," approved February twenty-fourth, eighteen hundred and ninety-seven;

“An Act to prevent the purchasing of or speculating in claims against

the Federal Government by United States officers," approved February twenty-fifth, eighteen hundred and ninety-seven;

“An Act to amend section fifty-four hundred and fifty-nine of the Revised Statutes, prescribing the punishment for mutilating United States coins, and for uttering or passing or attempting to utter or pass such mutilated coins," approved March third, eighteen hundred and ninety-seven ;

Section eighteen of “An Act to amend the laws relating to navigation," approved March third, eighteen hundred and ninety-seven;

That part of section one of "An Act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirteenth, eighteen hundred and ninety-nine,” approved June thirteenth, eighteen hundred and ninety-eight, which reads as follows: Provided, That any person or persons who shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mails with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail matter may pass, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than five hundred dollars nor more than twenty thousand dollars, and shall be imprisoned at hard labor not less than thirty days nor more than five years;

Section seventeen of “An Act to provide revenue for the Government, and to encourage the industries of the United States," approved July twenty-fourth, eighteen hundred and ninety-seven;

Section three of an Act entitled “An Act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes," approved March third, nineteen hundred and three;

“An Act to protect the harbor defenses and fortifications constructed or used by the United States from malicious injury, and for other purposes,' approved July seventh, eighteen hundred and ninety-eight;

An Act to amend an Act entitled 'An Act to prevent forest fires on the public domain,' approved February twenty-fourth, eighteen hundred and ninety-seven," approved May fifth, nineteen hundred ;

Sections two, three, and four of “An Act to enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes," approved May twenty-fifth, nineteen hundred ;

An Act to prevent the sale of firearms, opium, and intoxicating liquors in certain islands of the Pacific,”' approved February fourteenth, nineteen hundred and two;

“An Act for the suppression of train robbery in the Territories of the United States and elsewhere, and for other purposes," approved July first, nineteen hundred and two;

“An Act conferring jurisdiction upon the circuit and district courts for the district of South Dakota in certain cases, and for other purposes; approved February second, nineteen hundred and three;

An Act to amend section three of the ‘Act further to prevent counterfeiting or manufacturing of dies, tools, or other implements used in manu. facturing,' and so forth, approved February tenth, eighteen hundred and ninety-one,'' approved March third, nineteen hundred and three;

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An Act for the protection of the Bull Run Forest Reserve and the sources of the water supply of the city of Portland, State of Oregon," approved April twenty-eighth, nineteen hundred and four;

An Act to amend the Act of February eighth, eighteen hundred and ninety-seven, entitled 'An Act to prevent the carrying of obscene literature and articles designed for indecent and immoral use from one State or Territory into another State or Territory,' so as to prevent the importation and exportation of the same," approved February eighth, nineteen hundred and five;

“An Act to amend section thirteen of chapter three hundred and ninetyfour of the Supplement to the Revised Statutes of the United States," approved March second, nineteen hundred and five;

Section five of “An Act to amend sections forty-four hundred and seventeen, forty-four hundred and fifty-three, forty-four hundred and eightyeight, and forty-four hundred and ninety-nine of the Revised Statutes relating to misconduct by officers or owners of vessels,” approved March third, nineteen hundred and five;

“An Act to punish the cutting, chipping, or boxing of trees on the public lands," approved June fourth, nineteen hundred and six.

Sections sixteen, seventeen, and nineteen of “An Act to establish a bureau of immigration and naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June twenty-ninth, nineteen hundred and six.

An Act entitled "An Act to prohibit corporations from making money contributions in connection with political elections," approved January twenty-sixth, nineteen hundred and seven.

An Act entitled “An Act to amend sections one, two, and three of an Act entitled “An Act to prohibit shanghaiing in the United States,' approved June twenty-eighth, nineteen hundred and six," approved March second, nineteen hundred and seven.

An Act entitled “An Act to promote the safe transportation in interstate commerce of explosives and other dangerous articles, and to provide penalties for its violation," approved May thirtieth, nineteen hundred and eight.

An Act entitled An “Act to amend section fifty-four hundred and thirty-eight of the Revised Statutes," approved May thirtieth, nineteen hundred and eight.

Also all other sections and parts of sections of the Revised Statutes and Acts and parts of Acts of Congress, in so far as they are embraced within and superseded by this Act, are hereby repealed; the remaining portions thereof to be and remain in force with the same effect and to the same extent as if this Act had not been passed. [35 Stat. L. 1153-1159.)

The various sections of the Revised Statutes and the Acts and parts of Acts repealed by this section are set out or noted under the preceding sections of this Code into which these provisions have been carried.

SEC. 342. [Accrued rights, etc., not affected.] The repeal of existing laws or modifications thereof embraced in this title shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or. commenced in any civil cause prior to said repeal or modifications, but all

PENAL LAWS (SECS. 343-345) -- PENITENTIARIES

997

liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modifications had not been made. [35 Stat. L. 1159.)

Prior offense.- Where an offense was 615, affirming judgment (S. D. N. Y. committed prior to the passing of the 1910) 175 Fed. 852, writ of certiorari Penal Laws, the offender should, in view granted (1912) 223 U. S. 730, 32 S. Ct. of the saving clause of this section, be 527, 56 U. S. (L. ed.) 633, judgment afprosecuted in the same manner and under firmed (1913) 227 U. S. 131, 33 S. Ct. the same procedure as if the laws had 226, 57 U. S. (L. ed.) 450, Ann. Cas. not been passed. Heike r. U. S., (C. C. A. 1914C 128. 2d Cir. 1911) 192 Fed. 83, 112 C. C. A.

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Sec. 343. [Prosecutions and punishments.]. All offenses committed, and all penalties, forfeitures, or liabilities incurred prior to the taking effect hereof, under any law embraced in, or changed, modified, or repealed by this title, may be prosecuted and punished in the same manner and with the same effect as if this Act had not been passed. [35 Stat. L. 1159.]

Sec. 344. [Acts of limitation.] All acts of limitation, whether applicable to civil causes and proceedings, or for the recovery of penalties or forfeitures, embraced in, modified, changed, or repealed by this title, shall not be affected thereby; and all suits or proceedings for causes arising or acts done or committed prior to the taking effect hereof may be commenced and prosecuted within the same time and with the same effect as if said repeal had not been made. (35 Stat. L. 1159.)

SEC. 345. [Date this Act shall be effective.] This Act shall take effect and be in force on and after the first day of January, nineteen hundred and ten. [35 Stat. L. 1159.]

For a general discussion as to when statutes become operative, see the article STATUTES AND STATUTORY CONSTRUCTION, vol. 1, p. 10, $ 2.

PENALTIES

See FINES, PENALTIES AND FORFEITURES

PENDLETON ACT

See CIVIL SERVICE

PENITENTIARIES

See PRISONS AND PRISONERS

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