Tearing down notices.-SEC. 155. Tearing down notices posted in pursuance of any law requiring or authorizing the same: Penalty, imprisonment in county jail one month to six months, or fine $50 to $300.

OFFENSES AGAINST THE PUBLIC HEALTH.

[Chapter 10.]

Adulterated drugs or provisions.-SEC. 156. Knowingly selling unwholesome provisions: Penalty, imprisonment in county jail three months to one year, or fine $50 to $500.

SEC. 157. Adulterating provisions: Punished as in preceding section.

SEC. 158. Adulterating drugs: Punished as in section 156.

SECS. 159 and 160. Polluting water used for domestic purposes a misdemeanor.

SEC. 161. Penalty for violation of sections 159 and 160, fine $10 to $50, or imprisonment five to twenty-five days, or by both.

Spreading dangerous diseases.-SEC. 162. If any person shall inoculate himself or suffer himself to be inoculated, or shall inoculate another, with the smallpox or any other malignant or infectious disease, within said District, or, being so inoculated, shall come within said District with the intent to cause the prevalence or spread of such disease within said District, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than three years.

SEC. 163. Selling poison without label: Penalty, fine $20 to $100.

OFFENSES CONCERNING THE TELEGRAPH, TELEPHONE, AND SO FORTH.

[Chapter 11.]

SEC. 164. Refusing to transmit official dispatch in time of war, etc.: Penalty, fine not more than $1,000, or imprisonment in jail not more than twelve months, or both. SEC. 165. Malicious injury to telegraph or telephone, etc., a misdemeanor: Penalty, fine not to exceed $500, or imprisonment not to exceed six months, or both, or shall be liable to the company whose property is injured in a sum equal to three times the amount of actual damages sustained.

SEC. 166. Divulging or altering dispatch a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or both.

SEC. 167. Sending or delivering false dispatch, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or both.

SEC. 168. Using information contained in a dispatch, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or by both; and shall be liable in treble damages to the party aggrieved for all loss sustained.

SEC. 169. Delaying or refusing to send a dispatch, a misdemeanor: Penalty, fine not to exceed $500, or imprisonment not to exceed six months, or by both: Provided, That nothing herein contained shall be construed to require any message to be received, transmitted, or delivered unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the Government of the United States or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of

crime.

SEC. 170. Opening or obtaining a dispatch intended for another, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or by both; and shall be liable for damages.

SEC. 171. Taking information willfully and fraudulently from wire, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or by both. SEC. 172. Bribing operator to disclose private message, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed one year, or both.

PROTECTION OF FUR-BEARING ANIMALS AND SALMON.

[Chapter 12.]

SEC. 173. Prohibits the killing of fur-bearing animals.

SEC. 174. Gives to the collector and deputy collectors for Alaska Territory power to arrest persons and seize vessels.

SEC. 175. Authorizes the Secretary of the Treasury to remit fines when the penalty was incurred without willful negligence or intention of fraud.

SEC. 176. St. Paul and St. George islands are declared a special reservation for Gov

ernment purposes.

SECS. 177 and 178. Prohibits the killing of seal except at certain times and under certain conditions: Penalty, fine $200 to $1,000, or imprisonment not more than six months, or by both; and all vessels, tackle, etc., shall be forfeited to the United States.

SEC. 179. Obstruction in streams, preventing the ascent of salmon, prohibited. SECS. 180, 181, and 182. Regulate the methods and times of fishing and provide for the appointment of inspectors for fisheries.

SEC. 183. Penalty for violating provisions of sections 179, 180, and 181, or regulations established in pursuance of section 182, fine not to exceed $1,000, or imprisonment at hard labor not exceeding ninety days, or both. And in case of the violation of any of the provisions of section 179, and conviction thereof, a further fine of $250 per diem will be imposed for each day that the obstructions are maintained.

MISCELLANEOUS DEFINITIONS AND PROVISIONS.

[Chapter 13.]

SEC. 184. Crimes are divided into felonies and misdemeanors. A felony is a crime punishable with death, or which is or may be punishable by imprisonment in the penitentiary. Every other crime is a misdemeanor.

SEC. 185. The parties to crime are classified as

First. Principals.

Second. Accessories.

SEC. 186. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the crime or aid and abet in its commission, though not present, are principals, and to be tried and punished as such.

SEC. 187. All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories. SEC. 188. In misdemeanors there are no accessories.

SEC. 189. Except in cases where a different punishment is prescribed by law, an accessory to a felony, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than five years, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than $100 nor more than $500.

SEC. 190. No person is punishable for an omission to perform an act where such act has been performed by another person acting in his behalf and competent by law to perform it.

SEC. 191. Whenever, by any law relating to said district, an act is declared to be a misdemeanor, and no punishment is prescribed therefor, the person committing the same, upon conviction thereof, shall be punished by imprisonment in the county jail not more than one year, or by fine not more than $500.

SEC. 192. If any person attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, such person, when no other provision is made by law for the punishment of such attempt, upon conviction thereof shall be punished as follows:

First. If the crime so attempted be punishable by imprisonment in the penitentiary or county jail, the punishment for the attempt shall be by like imprisonment, as the case may be, for a term not more than half the longest period prescribed as a punishment for such crime.

Second. If the crime so attempted be punishable by fine, the punishment for the attempt shall be by fine not more than half the amount of the largest fine prescribed as a punishment for such crime.

SEC. 193. The section last preceding must not be construed to protect a person who, in attempting unsuccessfully to commit a crime, accomplishes another or different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

SEC. 194. When a person is sentenced to imprisonment in the penitentiary his term of confinement therein commences from the day of his delivery at such prison to the proper officer thereof, and no time during which such person is voluntarily absent from such penitentiary can be estimated or counted as a part of the term for which such person was sentenced.

SEC. 195. A judgment of imprisonment in the penitentiary need only specify the duration and place of such confinement, and thereafter the manner of the confine

ment and the treatment and employment of the person so sentenced shall be regulated and governed by whatever law may be in force prescribing the discipline of the penitentiary wherein he is confined and the treatment and employment of persons sentenced to confinement therein.

SEC. 196. A judgment of imprisonment in the penitentiary for any term less than for life suspends all civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during the term or duration of such imprisonment.

SEC. 197. A person sentenced to imprisonment in the penitentiary for life is thereatter deemed civilly dead.

SEC. 198. The person of a convict sentenced to imprisonment in the penitentiary is under the protection of the law, and any injury to his person not authorized by law is punishable in the same manner as if he was not convicted or sentenced.

66

SEC. 199. Whenever, in pursuance of the provisions of this act, any person is sentenced to imprisonment in the penitentiary, such sentence may be executed by the confinement of such person in the building at Sitka, in said district, now used for that purpose, or in any other place of confinement within or without the said district that may be designated by the court, and his place of imprisonment may be changed at any time, and from time to time, upon the order of the Attorney-General. SEC. 200. Whenever the words "jail" or county jail" occur in this act, the same shall be held to mean any house, building, structure, ship, or vessel used or suitable for the confinement of persons serving sentences for crime or awaiting trial therefor. SEC. 201. The commencement and termination of a sentence of imprisonment in a county jail is to be ascertained by the rule prescribed in section one hundred and ninety-four of Title I, and the manner of such confinement and the treatment of the persons so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails: Provided, That the United States marshal for said district may, under such regulations as the Attorney-General may prescribe, employ or cause to be employed upon public works any or all persons sentenced to imprisonment in the jails or the penitentiary within said district: And provided further, That for the purpose of satisfying any judgment which may be given against a prisoner for any fine, or for the costs and disbursements in the proceedings against him, such prisoner shall be credited with two dollars for every day's labor performed by him in pursuance hereof.

SEC. 202. Any section of this act which declares that evidence obtained upon the examination of a person as a witness shall not be received against him in a criminal proceeding does not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed by such person in such examination.

SEC. 203. No conviction of any person for crime works any forfeiture of any property, except in cases where the same is expressly provided by law; but in all cases of the commission or attempt to commit a felony the United States has a lien, from the time of such commission or attempt, upon all the property of the defendant for the purpose of satisfying any judgment which may be given against him for any fine on account thereof, and for the costs and disbursements in the proceedings against him for such crime.

SEC. 204. That the several sections of this act which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed; and whenever such punishment is left undetermined between certain limits or kinds, to determine the punishment to be inflicted in a particular case.

SEC. 205. That in all criminal prosecutions for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and justifiable ends, the defendant must be found not guilty.

SEC. 206. That an injurious publication is presumed to have been malicious if no justifiable end or good motive is shown for making it.

SEC. 207. That any building is deemed a "dwelling house" within the meaning of the sections of this act defining the crime of arson any part of which has usually been occupied by any person lodging therein.

Sec. 208. That any building is deemed a "dwelling house" within the meaning of the sections of this act defining the crime of burglary any part of which has usually been occupied by any person lodging therein, and any structure joined to or immediately connected with such building.

SEC. 209. That whenever the terms mentioned in the following sections are employed in this act they are deemed to be employed in the senses hereafter affixed to them, except when a different sense plainly appears.

SEC. 210. That the term "signature" includes any name, mark, or sign written with intent to authenticate any instrument or writing.

SEC. 211. That the term "writing" includes printing.

SEC. 212. That the term "property" includes both real and personal property. SEC. 213. That the word "person" includes corporations as well as natural persons; and where such word is used to designate the party whose property may be the subject of a crime, it includes said District, or any State, government, or country which may lawfully own any property in said District, and all municipal or public corporations and private corporations, as well as individuals.

SEC. 214. That the singular number includes the plural, and the plural the singular. SEC. 215. That words used in the masculine gender comprehend as well the feminine and the neuter.

SEC. 216. That whenever, by any provision of this act, an intent to defraud is necessary to constitute a crime, it is sufficient if an intent appears to defraud any person, body politic, or corporation whatever.

SEC. 217. That the omission to specify or affirm in this act any liability to any damages, penalty, or forfeiture, or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same. SEC. 218. The common law of England as adopted and understood in the United States shall be in force in said District, except as modified by this act.

SEC. 219. Nothing herein contained shall apply to or in any way affect any proceeding or indictment now found or pending or that may be found for any offense committed before the passage of this act.

MISCELLANEOUS LAWS.

Protection of American seamen (Chap. 28, p. 736, approved December 21, 1898).-Amends previous laws. Section 2 prescribes that seamen deserting shall forfeit all wages earned.

SEC. 4. Amends section 4529, Revised Statutes. Masters or owners neglecting to pay seamen in manner herein before mentioned shall pay to the seaman a sum equal to one day's pay for each and every day during which payment is delayed.

SEC. 7. Amends section 4556, Revised Statutes On complaint of first and second officers, or majority of crew, that the vessel is too leaky or unfit to proceed on voyage, the master shall apply to the judge of the district court of the judicial district, or to some justice of the peace of the city, town, or place, for the appointment of surveyors. Any master neglecting to comply with these provisions shall be liable to penalty of $500.

SEC. 9. Amends section 4558, Revised Statutes. If, after judgment that such vessel is fit to proceed on her intended voyage, the seamen shall refuse to proceed on the voyage, or any of them, he shall forfeit any wages due him.

ŠEC. 11. Amends section 4561, Revised Statutes. To knowingly send an unseaworthy ship to sea so that the life of any person is likely to be thereby endangered, a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment not to exceed five years, or both.

SEC. 12. Penalty for failure to provide sufficient provisions as provided in section 4568 of the Revised Statutes. (See section 14.)

SEC. 14. Revises section 4568, Revised Statutes. Provides that if, during a voyage, the allowance of provisions to which any seaman is entitled is reduced except for any time during which such seaman neglects to perform his duty or is lawfully under confinement for misconduct, or if it shall be shown that any such provisions were bad in quality or unfit for use, the seaman shall receive

First, if his allowance is reduced by any quantity not exceeding one-third of the quantity specified by law a sum not exceeding 50 cents a day.

Second, if his allowance is reduced by more than one-third of such quantity a sum not exceeding $1 a day.

Third, in respect of bad quality a sum not exceeding one dollar a day.

SEC. 15. Amends section 4572, Revised Statutes. Every vessel bound on any foreign voyage exceeding in length fourteen days, shall also be provided with at least one suit of woolen clothing for each seaman, and every vessel in the foreign or domestic trade shall provide a safe and warm room for the use of seamen in cold weather: Penalty for violation by owner or master, not less than $100.

SEC. 16. Amends section 4581 of the Revised Statutes. If any consular officer when discharging any seaman shall neglect to require the payment of and collect the arrears of wages and extra wages required to be paid in the discharge of any seaman, he shall be accountable to the United States for the full amount thereof.

SEC. 19. Amends section 4596 of the Revised Statutes. of the following offenses shall be punished as follows:

Seamen committing any

"First. For desertion. If the offense occur at a port of the United States or a foreign port in domestic trade, by forfeiture of all clothes or effects he may leave on board and of all wages which he has earned. If the offense occurs at a foreign port in the foreign trade, by similar forfeiture and also at the discretion of the court by imprisonment for not more than one month.

"Second. For neglecting or refusing, without reasonable cause, to join his vessel or to proceed to sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel's sailing from any port, either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason from his vessel or from his duty, not amounting to desertion or not treated as such by the master, if the offense occur at a port of the United States or a foreign port in the domestic trade, by a forfeiture from his wages of not more than two days' pay, or sufficient to defray any expenses which have been properly incurred in hiring a substitute; or if the offense occur at a foreign port, in the foreign trade, by a forfeiture from his wages of not more than two days' pay, or, at the discretion of the court, by imprisonment for not more than one month.

"Third. For quitting the vessel, in whatever trade engaged, at a foreign or domestic port, without leave after her arrival at her port of delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay. "Fourth. For willful disobedience to any lawful command at sea, by being, at the option of the master, placed in irons until such disobedience shall cease, and upon arrival in port, if of the United States, by forfeiture from his wages of not more than four days' pay, or upon arrival in a foreign port by forfeiture from his wages of not more than four days' pay, or, at the discretion of the court, by imprisonment for not more than one month.

"Fifth. For continued willful disobedience to lawful command or continued willful neglect of duty at sea by being, at the option of the master, placed in irons, on bread and water, with full rations every fifth day, until such disobedience shall cease, and upon arrival in port, if of the United States, by forfeiture, for every twenty-four hours continuance of such disobedience or neglect, of either a sum of not more than twelve days' pay or sufficient to defray any expenses which have been properly incurred in hiring a substitute, or upon arrival in a foreign port, in addition to the above penalty, by imprisonment for not more than three months, at the discretion of the court.

"Sixth. For assaulting any master or mate, in whatever trade engaged, by imprisonment for not more than two years.

"Seventh. For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, in whatever trade engaged, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months.

"Eighth. For any act of smuggling for which he is convicted, and whereby loss or damage is occasioned to the master or owner, in whatever trade engaged, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage; and the whole or any part of his wages may be retained in satisfaction or on account of such liability; and he shall be liable to imprisonment for a period of not more than twelve months."

SEC. 22. Amends section 4611 of Revised Statutes. Flogging and all other forms of corporal punishment are hereby prohibited on board any vessel, and no form of corporal punishment on board any vessel shall be deemed justifiable, and any master or other officer thereof who shall violate the aforesaid provisions of this section or either thereof shall be deemed guilty of a misdemeanor, punishable by imprisonment not less than three months or more than two years.

SEC. 24. Amends section 10 of chapter 121, the laws of 1884, as amended by section 3 of chapter 421 of the laws of 1886. Makes it unlawful to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages to any other person. Violation misdemeanor: Penalty, fine not less than four times the amount of wages so advanced, and may also be imprisoned for a period not exceeding six months, at the discretion of the court.

If any person shall demand or receive from any seaman, etc., seeking employment any remuneration whatever for providing him with employment, he shall for every such offense be liable to a penalty of not over $100.

It is made lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. Allotments are also permitted under certain regulations to seamen shipping to certain ports of an amount not exceeding one month's wages to