etc.

shall be certified by a certificate stating the fact and nature of such ceremony, the full name of each of the parties concerned, and the full name of every officer, priest, and person, by whatever style or designation called or known, in any way taking part in the performance of such ceremony, which certificate shall be drawn up and signed by the parties to such ceremony and by every officer, priest, and person taking part in the performance of such ceremony, and shall be by the officer, priest, or other person solemnizing such marriage or ceremony filed in the office of the probate court, or, if there be none, in the office of the court having probate powers in the county or district in which such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to inspection as other public records. Such certificate, or the record thereof, or a duly certified copy of such record, shall be prima facie evidence of the facts required by this section. to be stated therein in any proceeding, civil or criminal, in which the matter shall be drawn in question. But nothing in this section shall be held to prevent the proof of marriages, whether lawful or unlawful, by any evidence otherwise legally admissible for that purpose. Whoever shall willfully violate any provision of this section shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. The provisions of this section shall apply only within the Territories of the United States.1

§ 981. Criminal Code. Sec. 320. Prize Fights, Bull Fights,

Whoever shall voluntarily engage in a pugilistic encounter between man and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged, shall be imprisoned not more than five years. The provisions of this section shall apply only within the Territories of the United States and the District of Columbia.1

§ 980. 135 Stat. L. 1149.

§ 981. 135 Stat. L. 1150.

§ 982. Criminal Code. Sec. 321. Encounter."

Definition of "Pugilistic

By the term "pugilistic encounter" as used in the section last preceding, is meant any voluntary fight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged.1

983. Criminal Code. Sec. 322. Train Robberies in Territories, etc.

Whoever shall willfully and maliciously trespass upon or enter upon any railroad train, railroad car, or railroad locomotive, with the intent to commit murder, or robbery, shall be fined not more than five thousand dollars, or imprisoned not more than twenty years, or both. Whoever shall willfully and maliciously trespass upon or enter upon any railroad train, railroad car, or railroad locomotive, with intent to commit any unlawful violence upon or against any passenger on said train, or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train or in any car thereof, or to commit any crime or offense against any person or property thereon, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Whoever shall counsel, aid, abet, or assist in the perpetration of any of the offenses set forth in this section, shall be deemed to be a principal therein. Upon the trial of any person charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person.1 § 982. 135 Stat. L. 1150.

§ 983. 135 Stat. L. 1150.

CHAPTER LIX

CRIMINAL CODE, CHAPTER FOURTEEN

GENERAL AND SPECIAL PROVISIONS

§ 984. Crim. Code § 323.

§ 985. Crim. Code § 324.

§ 986. Crim. Code § 325. § 987. Crim. Code § 326.

§ 988. Crim. Code § 327.

§ 989. Crim. Code § 328.

Punishment of Death by Hanging.

No Conviction to Work Corruption of Blood
or Forfeiture of Estate.

Whipping and the Pillory Abolished.
Jurisdiction of State Courts.
Pardoning Power.

Indians Committing Certain Crimes; How
Punished.

§ 990. Crim. Code § 329. Crimes Committed on Indian Reservations in

§ 984. Criminal Code. Sec. 323. Punishment of Death by Hanging.

The manner of inflicting the punishment of death shall be by hanging.1

1

§ 984. Formerly R. S. Sec. 5325, 35 Stat. L. 1151.

This section has no application to the District of Columbia where the District Code governs the procedure and defines the offense. Where a statute provides for punishment by death but does not provide the mode of executing the sentence a judgment directing that the prisoner be shot is within the province of the Court and proper.3

No Conviction to Work

§ 985. Criminal Code. Sec. 324. Corruption of Blood or Forfeiture of Estate.

No conviction or judgment shall work corruption of blood or any forfeiture of estate.1

§ 986. Criminal Code. Sec. 325. Whipping and the Pillory Abolished.

The punishment of whipping and of standing in the pillory shall not be inflicted.1

§ 987. Criminal Code. Sec. 326. Jurisdiction of State Courts. Nothing in this Title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.1

This section creates an exception to the general rule in regard to the jurisdiction of the Federal Courts.2 The State has power to punish for illegal and fraudulent voting for presidential elector.3 A robbery committed on a vessel within tide waters is exclusively within the jurisdiction of the State Courts. A State Court has no jurisdiction over the offense of passing counterfeit bills.5 The same act may be a crime against the United States and also a crime against a State. A duty may be imposed upon a State

In re Green, 134 U. S. 377, 33 L. ed. 951, 10 S. C. 586.

4 Ex parte Ballinger, 88 Fed. 781. 5 Ex parte Houghton, 8 Fed. 897. Crossley v. California, 168 U. S. 640, 42 L. ed. 610, 18 S. C. 242; Sexton v. California, 189 U. S. 319, 47 L. ed. 833, 23 S. C. 543; New York v. Eno, 155 U. S. 89, 39 L. ed. 80, 15 S. C. 30; Ex parte Geisler, 50 Fed. 411.

official by Congress. A false oath taken before a State official in a contested election of a member of Congress is punishable under the laws of the United States and in the courts of the latter."

§ 988. Criminal Code. Sec. 327. Pardoning Power.

Whenever, by the judgment of any court or judicial officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted.1

A pardon condones infractions of the peace of the State and differs from an amnesty which is addressed to crimes against the sovereignty of the State and to political offenses.2

§ 989. Criminal Code. Sec. 328. Indians Committing Certain Crimes; How Punished.

All Indians committing against the person or property of another Indian or other person any of the following crimes, namely murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, and larceny, within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and shall be subject to the same penalties as are all other persons charged with the commission of said crimes respectively and the said courts are hereby given jurisdiction in all such cases. And all such Indians committing any of the above-named crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reser

In re Loney, 134 U. S. 372, 33

L. ed. 949, 10 S. C. 584.

§ 988. Formerly R. S. Sec. 5330, 35 Stat. L. 1151. See also Chapter - PARDON.

2 Burdick v. United States, 236 U. S. 79, 59 L. ed. 476, 35 S. C. 267.