CHAPTER FOUR

Crimes Against Justice

(R. S. §§ 5392-5412. Repealed, obsolete, or transferred.)

This chapter of the Revised Statutes included sections 5392-5412 thereof. The provisions of sections 5392-5395, 5398-5410, were incorporated into the Criminal Code, chiefly in chapter 6 thereof, ante, §§ 10295-10316, and were repealed by section 341 of said Code, ante, § 10515.

R. S. §§ 5396, 5397, relating to indictments for perjury and subornation of perjury, not being within the scope of the Criminal Code, were not incorporated in or repealed by it, and are set forth ante, §§ 1687, 1688.

R. S. § 5407, was included among the sections repealed by said section 341, but its provisions were not carried into the Code, apparently because they were similar to those of R. S. § 5519, held unconstitutional in U. S. v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290.

R. S. §§ 5411, 5412, were not incorporated into or repealed by said Code, apparently because obsolete.

CHAPTER FIVE

Crimes Against the Operations of the Government

(R. S. §§ 5413-5480. Repealed.)

This chapter of the Revised Statutes included sections 5413-5480 thereof. They were incorporated into the Criminal Code, chiefly in chapters 4, 7, and 8 thereof, and were repealed by section 341 thereof, ante, § 10515.

Acts and parts of acts subsequent to the Revised Statutes relating to the subjects embodied in this chapter, which were also incorporated into said Criminal Code and repealed by said section 341 thereof, are the following:

Act March 3, 1875, c. 144, 18 Stat. 479, punishing the larceny of public property and the receiving of stolen goods, incorporated in sections 47, 48, of said Code, ante, §§ 10214, 10215.

Act Jan. 16, 1877, c. 24, 19 Stat. 223, amending R. S. § 5457, incorporated in section 163 of said Code, ante, § 10333.

Act March 3, 1879, c. 180, § 13, 20 Stat. 359, amended by Act June 18, 1888, c. 394, 25 Stat. 187, punishing the giving of false evidence of character of publication to secure second class mail rate, incorporated in section 223 of said Code, ante, § 10393.

Act May 17, 1879, c. 8, 21 Stat. 4, amending R. S. § 5440, incorporated in section 37 of said Code, ante, § 10201.

Act April 18, 1884, c. 26, 23 Stat. 11, punishing falsely pretending to be a United States officer, incorporated in section 32 of said Code, ante, § 10196. Act May 16, 1884, c. 52, 23 Stat. 22, punishing counterfeiting of notes, etc., of foreign governments, incorporated in sections 156-161 of said Code, ante, §§ 10326-10331.

Act Jan. 3, 1887, c. 13, § 2, 24 Stat. 355, amending R. S. § 5463, incorporated in section 218 of said Code, ante, § 10388.

Act June 18, 1888, c. 394, § 2, 25 Stat. 187, punishing the forgery of postal money orders, incorporated in section 218 of said Code, ante, 10388.

Act March 2, 1889, c. 393, § 1, 25 Stat. 873, amending R. S. § 5480, incorporated in section 215 of said Code, ante, § 10385.

Act March 2, 1889, c. 393, § 2, 25 Stat. 873, punishing the fraudulent assumption of fictitious address, incorporated in section 216 of said Code, ante, § 10386.

Act Feb. 10, 1891, c. 127, §§ 1, 2, 26 Stat. 742, punishing counterfeiting of

domestic and foreign coins, incorporated in sections 169, 170, of said Code, ante, §§ 10339, 10340.

Act Feb. 10, 1891, c. 127, § 3, 26 Stat. 742, amended by Act March 3, 1903, c. 1015, 32 Stat. 1223, prohibiting the making, importing, or having in possession tokens, etc., similar to United States or foreign coins, incorporated in section 171 of said Code, ante, § 10341.

Act Feb. 10, 1891, c. 127, § 4, 26 Stat. 742, forfeiting counterfeit coins, etc., or material for counterfeiting, incorporated in section 172 of said Code, ante, § 10342.

Act Feb. 10, 1891, c. 127, § 5, 26 Stat. 473, authorizing search warrants for counterfeit money, securities, etc., incorporated in section 173 of said Code, ante, § 10343.

Act March 3, 1897, c. 377, 29 Stat. 625, amending R. S. § 5459, incorporated in section 165 of said Code, ante, § 10335.

Act March 2, 1905, c. 1304, 33 Stat. 822, punishing false evidence of character of publication to secure second class mail rate, incorporated in section 223 of said Code, ante, § 10393.

Act Jan. 26, 1907, c. 420, 34 Stat. 864, prohibiting corporations from making politica contributions, incorporated in section 83 of said Code, ante, § 10251.

Act May 30, 1908, c. 235, 35 Stat. 555, amending R. S. § 5438, incorporated in section 35 of said Code, ante, § 10199.

CHAPTER SIX

Official Misconduct, Etc.

(R. S. §§ 5481-5505. Repealed, superseded, or transferred.) This chapter of the Revised Statutes included sections 5481-5505 thereof. The provisions of these sections, with the exception of sections 5485, 5486, were incorporated into the Crim. Code, chiefly in chapter 5 thereof, and were repealed by section 341 of said Code, ante, § 10515.

R. S. §§ 5485, 5486, punishing the demanding or taking by pension attorneys, etc., of more than legal fees, and punishing the embezzlement of a pension by a guardian, were not incorporated in or repealed by the said Code. R. S. § 5485, is set forth ante, under Title LVII, "Pensions," § 9114. R. S. § 5486, was substantially the same as R. S. § 4783. Both those sections were amended to read in the same words, by Act Feb. 10, 1891, c. 130, 26 Stat. 746. R. S. § 4783, as so amended, is set forth ante, under Title LVII, "Pensions," § 9111, and R. S. § 5486, is omitted.

Acts subsequent to the Revised Statutes relating to the subjects of this chapter, incorporated in and repealed or superseded by said Criminal Code, are the following:

Act Feb. 3, 1879, c. 42, 20 Stat. 280, amending R. S. § 5497, incorporated in section 97 of said Code, ante, § 10265, and repealed by said section 341 thereof, ante, § 10515.

Act June 28, 1906, c. 3574, 34 Stat. 546, amending R. S. § 5481, was incorporated with that section in section 85 of said Code, ante, § 10253, and was superseded thereby, though not included among the acts repealed by said section 341, ante, § 10515.

(4832)

CHAPTER SEVEN

Crimes Against the Elective Franchise and Civil Rights of Citizens

(R. S. §§ 5506-5532. Repealed and transferred.)

This chapter of the Revised Statutes included sections 5506-5532 thereof. R. S. §§ 5506, 5511-5515, 5520-5523, were repealed by Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36.

The provisions of the remaining sections, excepting sections 5507, 5517, 5519, were incorporated into the Crim. Code, chiefly in chapters 3 and 10, thereof, and were repealed by section 341 thereof, ante, § 10515.

R. S. § 5517, imposing a fine on a marshal or deputy marshal refusing to receive or execute process issued in pursuance of R. S. § 1985, not being within the scope of said Criminal Code, was not incorporated in or repealed thereby, and is placed with said R. S. § 1985, ante, under Title XXIV, "Civil Rights," § 3939.

R. S. 88 5507 and 5519, were included among the sections repealed by said Criminal Code, but their provisions were not carried into it, apparently because section 5507 was held unconstitutional in James v. Bowman, 190 U. S. 127, 23 Sup. Ct. 678, 47 L. Ed. 979, and section 5519 was held unconstitutional in U. S. v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290.

CHAPTER EIGHT

The Punishment of Accessories

(R. S. §§ 5533-5535. Repealed.)

This chapter of the Revised Statutes included sections 5533-5535 thereof. The provisions contained in these sections were incorporated into the Criminal Code, in sections 333, 334, thereof, ante, §§ 10507, 10508, and were repealed by section 341 thereof, ante, § 10515.

§ 10520. (R. S. § 5536.) Expenses for prisoners to be paid by the

All the expenses attendant upon the transportation from place to place, and upon the temporary or permanent confinement of persons arrested or committed under the laws of the United States, as well as upon the execution of any sentence of a court thereof respecting them, shall be paid out of the Treasury of the United States in the manner provided by law.

Res. March 3, 1821, No. 2, 3 Stat. 646. Act March 3, 1835, c. 40, § 5, 4 Stat. 777. Act March 3, 1865, c. 86, § 3, 13 Stat. 500.

Provisions for the payment of transportation and other expenses of prisoners sentenced to the Government prisons were made by Act March 3, 1891, c. 529, § 5, post, 10556.

Provisions for the furnishing of clothing, money, and transportation home to prisoners, on their discharge, were made by Act March 3, 1875, c. 145, § 2, and Act March 3, 1891, c. 529, § 6, post, §§ 10545, 10556.

§ 10521. (R. S. § 5537.) Places of confinement.

In a State where the use of jails, penitentiaries, or other houses is not allowed for the imprisonment of persons arrested or committed under the authority of the United States, any marshal in such State, under the direction of the judge of the district, may hire, or otherwise procure, within the limits of such State, a convenient place to serve as a temporary jail.

Res. March 3, 1821, No. 2, 3 Stat. 646. Act March 2, 1833, c. 57, § 6, 4 Stat. 634.

§ 10522. (R. S. § 5538.) Marshal to make provision for safe-keeping of prisoners.

The marshal shall make such other provision as he may deem expedient and necessary for the safe-keeping of the prisoners arrested or committed under the authority of the United States, until permanent provision for that purpose is made by law.

Res. March 3, 1821, No. 2, 3 Stat. 646. Act March 2, 1833, c. 57, § 6, 4 Stat. 634.

Provisions authorizing the establishment of Government prisons were made by Act March 3, 1891, c. 529, post, §§ 10552-10560.

§ 10523. (R. S. § 5539.) United States convicts in State penitentiaries.

Whenever any criminal, convicted of any offense against the United States, is imprisoned in the jail or penitentiary of any State or Territory, such criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the courts of the State or Territory in which such jail or penitentiary is situated; and while so confined therein shall be exclusively under the control of the officers having charge of the same, under the laws of such State or Territory.

Act June 30, 1834, c. 163, 4 Stat. 739.

§ 10524. (Act Feb. 23, 1887, c. 213, § 1.) Hiring out of United States convicts prohibited.

It shall not be lawful for any officer, agent, or servant of the Government of the United States to contract with any person or corporation, or permit any warden, agent, or official of any State prison, penitentiary, jail, or house of correction where criminals of the United States may be incarcerated to hire or contract out the labor of said criminals, or any part of them, who may hereafter be confined in any prison, jail, or other place of incarceration for violation of any laws of the Government of the United States of America. (24 Stat. 411.)

This section and the section next following were part of an act entitled "An act to prohibit any officer, agent, or servant of the Government of the United States of America to hire or contract out the labor of prisoners incarcerated for violating the laws of the Government of the United States of America."

Section 3 of the act repealed all acts or parts of acts inconsistent with it, and declared that the act should take effect and be in force from and after its passage.

Provisions for the employment of prisoners confined in Government prisons were made by Act March 3, 1891, c. 529, § 2, Act March 2, 1895, c. 189, § 1, and Act March 3, 1901, c. 853, § 1, post, §§ 10553, 10561, 10563.