§ 10438. (Crim. Code, § 265.) To what port captured vessel sent. It shall be the duty of the commander of any armed vessel of the United States, whenever he makes any capture under the preceding provisions, to bring the vessel and her cargo, for adjudication, into some port of the State, Territory, or District to which such vessel so captured may belong, if he can ascertain the same; if not, then into any convenient port of the United States.

R. S. § 5563. Act March 4, 1909, c. 321, § 265, 35 Stat. 1141.

§ 10439, (Crim. Code, § 266) When owners of foreign vessels shall give bond.

Every owner, master, or factor of any foreign vessel clearing from any port within the jurisdiction of the United States, and suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond, with sufficient sureties, to the Treasurer of the United States that none of the natives of any foreign country or place shall be taken on board such vessel to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter.

R. S. § 5564. Act March 4, 1909, c. 321, § 266, 35 Stat. 1141.

§ 10440. (Crim. Code, § 267.) Instructions to masters of armed vessels.

The President is authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the country from which they were taken, and there hand over to the agent of the United States all such persons, delivered from on board vessels seized in the prosecution of the slave trade; and they shall afterwards bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication.

R. S. § 5567. Act March 4, 1909, c. 321, § 267, 35 Stat. 1141.

§ 10441. (Crim. Code, § 268.) Kidnaping; punishment for. 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 fined not more than five thousand dollars, or imprisoned not more than five years, or both.

R. S. § 5525. Act March 4, 1909, c. 321, § 268, 35 Stat. 1141.

§ 10442. (Crim. Code, § 269.) Holding or returning persons to peonage; punishment for.

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 fined not more than five thousand dollars, or imprisoned not more than five years, or both. R. S. § 5526. Act March 4, 1909, c. 321, § 269, 35 Stat. 1142.

§ 10443. (Crim. Code, § 270.) Obstructing enforcement of preceding section.

Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of the section last preceding, shall be liable to the penalties therein prescribed.

R. S. § 5527. Act March 4, 1909, c. 321, § 270, 35 Stat. 1142.

§ 10444. (Crim. Code, § 271.) Bringing kidnaped person into United States, etc.; punishment for.

Whoever shall knowingly and willfully bring into the United States or any place subject to the jurisdiction thereof, any person inveigled or forcibly kidnaped in any other country, with intent to hold such person so inveigled or kidnaped in confinement or to any involuntary servitude; or whoever shall knowingly and willfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever; or whoever shall knowingly and willfully hold to involuntary servitude any person so brought or sold, shall be fined not more than five thousand dollars and imprisoned not more than five years.

Act June 23, 1874, c. 464, § 1, 18 Stat. 251. Act March 4, 1909, c. 321, § 271, 35 Stat. 1142.

CHAPTER ELEVEN

Offenses within the Admiralty and Maritime and the Territorial Jurisdiction of the United States

Sec.

10453. Seduction of female passenger on vessel; punishment for. 10454. Disposal of fine; evidence required.

10455. Loss of life by misconduct of officers, etc., of vessels; punishment for; liability of corporation officer.

10456. Maiming; punishment for. 10457. Robbery; punishment for. 10458. Arson of dwelling house; punishment for.

10459. Arson of other buildings, etc.; punishment for.

10460. Larceny; punishment for; determining value of written instrument.

10461. Receiving stolen goods, etc.; punishment for; trials. 10462. Laws of States adopted for punishing wrongful acts, etc.; effect of repeal, etc.

§ 10445. (Crim. Code, § 272.) Places and waters applicable; on board American ship on high seas, etc.; on board American vessel on Great Lakes, etc.; on land under exclusive control of United States; guano islands.

The crimes and offenses defined in this chapter shall be punished as herein prescribed:

First. When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or when committed within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof.

Second. When committed upon any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, namely: Lake Superior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence where the same constitutes the International boundary line.

Third. When committed within or on any lands reserved or acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

Fourth. On 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.

R. S. § 5339. Act Sept. 4, 1890, c. 874, 26 Stat. 424. Act March 4, 1909. c. 321, § 272, 35 Stat. 1142.

§ 10446. (Crim. Code, § 273.) Murder defined; first degree; second degree.

Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.

R. S. § 5339. Act March 4, 1909, c. 321, § 273, 35 Stat. 1143.

§ 10447. (Crim. Code, § 274.) Manslaughter defined; voluntary; involuntary.

Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

First. Voluntary-Upon a sudden quarrel or heat of passion. Second. Involuntary-In the commission of an unlawful act not

amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.

R. S. § 5341. Act March 4, 1909, c. 321, § 274, 35 Stat. 1143.

§ 10448. (Crim. Code, § 275.) Punishment; murder; manslaugh

ter.

Every person guilty of murder in the first degree shall suffer death. Every person guilty of murder in the second degree shall be imprisoned not less than ten years and may be imprisoned for life. Every person guilty of voluntary manslaughter shall be imprisoned not more than ten years. Every person guilty of involuntary manslaughter shall be imprisoned not more than three years, or fined not exceeding one thousand dollars, or both.

R. S. §§ 5339, 5343. Act March 4, 1909, c. 321, § 275, 35 Stat. 1143.

The manner of inflicting the punishment of death was prescribed by Crim. Code, § 323, post, § 10497.

Conviction works no corruption of blood or forfeiture of estate, by Crim. Code, 324, post, § 10498.

Provisions authorizing the jury where the accused is found guilty of murder in the first degree, or rape, to qualify their verdict of guilty so as to provide for life imprisonment, made by Act Jan. 15, 1897, c. 29, § 1, were incorporated into Crim. Code, § 330, post, § 10504.

§ 10449. (Crim. Code, § 276.) Felonious assaults; to murder or rape; other felony; with weapons, etc.; beating, etc.; simple assault.

Whoever shall assault another with intent to commit murder, or rape, shall be imprisoned not more than twenty years. Whoever shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more than three thousand dollars, or imprisoned not more than ten years, or both. Whoever, with intent to do bodily harm, and without just cause or excuse, shall assault another with a dangerous weapon, instrument, or other thing, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Whoever shall unlawfully strike, beat, or wound another, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Whoever shall unlawfully assault another, shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both.

R. S. § 5346. Act March 4, 1909, c. 321, § 276, 35 Stat. 1143.

§ 10450. (Crim. Code, § 277.) Other attempts at murder, etc. Whoever shall attempt to commit murder or manslaughter, except as provided in the preceding section, shall be fined not more. than one thousand dollars and imprisoned not more than three years. R. S. § 5342. Act March 4, 1909, c. 321, § 277, 35 Stat. 1143.

§ 10451. (Crim. Code, § 278.) Rape.

Whoever shall commit the crime of rape shall suffer death.

R. S. & 5345. Act March 4, 1909, c. 321, § 278, 35 Stat. 1143.

See notes to Crim. Code, § 275, ante, § 10448.

§ 10452. (Crim. Code, § 279.) Having carnal knowledge of female under sixteen.

Whoever shall carnally and unlawfully know any female under the age of sixteen years, or shall be accessory to such carnal and unlawful knowledge before the fact, shall, for a first offense, be imprisoned not more than fifteen years, and for a subsequent offense be imprisoned not more than thirty years.

Act Feb. 9, 1889, c. 120, 25 Stat. 658. Act March 4, 1909, c. 321, § 279, 35 Stat. 1143.

10453. (Crim. Code, § 280.) Seduction of female passenger on vessel; punishment for.

Every master, officer, seaman, or other person employed on board of any American vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both; but subsequent intermarriage of the parties may be pleaded in bar of conviction.

R. S. § 5349. Act March 4, 1909, c. 321, § 280, 35 Stat. 1143.

§ 10454. (Crim. Code, § 281.) Disposal of fine; evidence required. When a person is convicted of a violation of the section last preceding, the court may, in its discretion, direct that the amount of the fine, when paid, be paid for the use of the female seduced, or her child, if she have any; but no conviction shall be had on the testimony of the female seduced, without other evidence, nor unless. the indictment is found within one year after the arrival of the vessel on which the offense was committed at the port of its destination.

R. S. §§ 5350, 5351. Act March 4, 1909, c. 321, § 281, 35 Stat. 1144.

§ 10455. (Crim. Code, § 282.) Loss of life by misconduct of officers, etc., of vessels; punishment for; liability of corporation officer.

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner or charterer of any steamboat or vessel shall be a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.

R. S. § 5344, as amended, Act March 3, 1905, c. 1454, § 5, 33 Stat. 1025. Act March 4, 1909, c. 321, § 282, 35 Stat. 1144.