A criminal contempt is made a felony by this section.2 One court has refused to decide whether or not this section applies to breaches of internal revenue laws.3 A corporation may be convicted of an offense made a felony by this section. This section does not affect R. S. § 5209 designating the offense therein described as a misdemeanor and providing for imprisonment for a period in excess of five years, except to define the offense as a felony.5 This section applies to violations of the Narcotic Drug Laws even where the offense charged is failure to keep a duplicate of the order. Section 343 provides that all offenses committed under any law prior to the Act of March 4, 1909, Chapter 321, may be prosecuted with the same effect as if this Act were never passed. Therefore the severity of an offense committed before this Act is not governed by the principal section. This section does not affect R. S. § 5541 whereby the Court may order that sentences for a period in excess of one year shall be served in a penitentiary and shorter sentences in a jail. § 997. Criminal Code. Sec. 336. Murder and Manslaughter; Place Where Crime Deemed to Have Been Committed. In all cases of murder or manslaughter, the crime shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered, or other means employed which caused the death, without regard to the place where the death occurs.1 $998. Criminal Code. Sec. 337. Construction of Certain Words. Words used in this title in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular 2 Creekmore v. United States, 237 Fed. 743, 150 C. C. A. 497 (8th Cir.). 3 Wood v. United States, 204 Fed. 55 122 C. C. A. 369 (4th Cir.). 4 Joplin Mercantile Co. v. United States, 213 Fed. 926, 131 C. C. A. 160 (8th Cir.). Sheridan v. United States, 236 Fed. 305, 149 C. C. A. 437 (9th Cir.). United States v. Gaag, 237 Fed. 728; United States v. Woods, 224 Fed. 278. 7 Heike et al. v. United States, 192 Fed. 83, 112 C. C. A. 615 (2d Cir.). 8 Thompson v. United States, 204 Fed. 973, 123 C. C. A. 295 (9th Cir.). § 997. Formerly R. S. Sec. 5339, 5341, 35 Stat. L. 1152. number includes the plural, and the plural the singular; the word "person" and the word "whoever" include a corporation as well as a natural person; writing includes printing and typewriting, and signature or subscription includes a mark when the person making the same intend it as such. The words "this title", wherever they occur herein, shall be construed to mean this Act.1 § 999. Criminal Code. Sec. 338. Omission of Words "Hard Labor" Not to Deprive Court of Power to Impose. The omission of the words "hard labor" from the provisions prescribing the punishment in the various sections of this Act, shall not be construed as depriving the court of the power to impose hard labor as a part of the punishment, in any case where such power now exists.1 Where an act repealed by § 341 of this Act provided for imprisonment at hard labor and a conviction was had for the same offense under a section of this act which did not so provide, the Court may impose a sentence of imprisonment at hard labor.2 § 1000. Criminal Code. Sec. 339. Arrangement and Classification of Sections. The arrangement and classification of the several sections of this title have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the chapters under which any particular section is placed.1 § 1001. Criminal Code. Sec. 340. Jurisdiction of Circuit and District Courts. The crimes and offenses defined in this Title shall be cognizable in the circuit and district courts of the United States, as prescribed in sections five hundred and sixtythree and six hundred and twenty-nine of the Revised Statutes.1 § 998. 135 Stat. L. 1152. § 999. 135 Stat. L. 1153. 2 Linningen v. Morgan, 241 Fed. 645, 154 C. C. A. 403 (8th Cir.); O'Brien v. McClaughry, 209 Fed. 816, 126 C. C. A. 540 (8th Cir.). § 1000. 135 Stat. L. 1153. § 1001. 135 Stat. L. 1153. The Circuit Courts were abolished by the Federal Judicial Code, and the District Courts of the United States now have exclusive jurisdiction. § 1002. Criminal Code. Sec. 341. Sections, Acts, and Parts of Acts Repealed. The following sections of the Revised Statutes and Acts and parts of Acts are hereby repealed: Sections four hundred and twelve, fifteen hundred and fifty-three, sixteen hundred and sixty-eight; sections seventeen hundred and eighty to seventeen hundred and eighty-three, both inclusive; sections seventeen hundred and eighty-five, seventeen hundred and eighty-seven, seventeen hundred and eighty-eight, seventeen hundred and eighty-nine, twenty-three hundred and seventy-three, twenty-four hundred and twelve, thirty-five hundred and eighty-three, thirty-seven hundred and eight, thirty-seven hundred and thirty-nine, thirty-seven hundred and forty, thirty-seven hundred and forty-two, thirty-eight hundred and thirty-two, thirty-eight hundred and fifty-one, thirtyeight hundred and sixty-nine, thirty-eight hundred and eighty-seven; sections thirty-eight hundred and ninety to thirty-eight hundred and ninety-four, both inclusive; section thirty-eight hundred and ninety-nine; sections thirtynine hundred and twenty-two to thirty-nine hundred and twenty-five, both inclusive; sections thirty-nine hundred and forty-seven, thirty-nine hundred and fifty-four, thirty-nine hundred seventy-seven, thirty-nine hundred and seventy nine; sections thirty-nine hundred and eighty-one to thirtynine hundred and eighty-six, both inclusive; sections thirty-nine hundred and eighty-eight, thirty-nine hundred and ninety-two, thirty-nine hundred and ninety-five, thirty-nine hundred and ninety-six, four thousand and thirteen, four thousand and sixteen, four thousand and thirty, four thousand and fifty-three, fifty-one hundred and eighty-eight, fifty-one hundred and eighty-nine; sections fifty-two hundred and eighty-one to fifty-two hundred and ninety-one, both inclusive; sections fifty-three hundred and twenty-three to fifty-three hundred and ninetyfive, both inclusive; sections fifty-three hundred and ninety-eight to fifty-four hundred and ten, both inclusive; sections fifty-four hundred and thirteen to fifty-four hundred and eighty-four, both inclusive; sections fifty-four hundred and eighty-seven to fifty-five hundred and ten, both inclusive; sections fifty-five hundred and sixteen, fifty-five hundred and eighteen, fifty-five hundred and nineteen; sections fifty-five hundred and twenty-four to fifty-five hundred and thirty-five, both inclusive; sections fifty-five hundred and fifty-one to fifty-five hundred and sixty-seven, both inclusive, of the Revised Statutes: That part of section thirty-eight hundred and twentynine of the Revised Statutes which reads as follows: "And every person who, without authority from the PostmasterGeneral, sets up or professes to keep any office or place of business bearing the sign, name, or title of post-office, shall, for every such offense, be liable to a penalty of not more than five hundred dollars"; That part of section thirty-eight hundred and sixty-seven of the Revised Statutes which reads as follows: "And any person not connected with the letter-carrier branch of the postal service who shall wear the uniform which may be prescribed shall, for every such offense, be punishable by a fine of not more than one hundred dollars, or by imprisonment for not more than six months, or both"; That part of section four thousand and forty-six of the Revised Statutes which reads as follows: "Every postmaster, assistant, clerk, or other person employed in or connected with the business or operations of any moneyorder office who converts to his own use, in any way what ever, or loans, or deposits in any bank, except as authorized by this title, or exchanges for other funds, any portion of the public money-order funds, shall be deemed guilty of embezzlement; and any such person, as well as every other person advising or participating therein, shall, for every such offense, be imprisoned for not less than six months nor more than ten years, and be fined in a sum equal to the amount embezzled; and any failure to pay over or produce any money-order funds intrusted to such person shall be taken to be prima facie evidence of embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the moneyorder account books of the Sixth Auditor. But nothing herein contained shall be construed to prohibit any postmaster depositing, under the direction of the PostmasterGeneral, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any money order or other funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required to do so by the Postmaster-General, for the purpose of remitting surplus money-order funds from one post-office to another, to be used in payment of money orders." "An Act to protect lines of telegraphy constructed or used by the United States from malicious injury and obstruction", approved June twenty-third, eighteen hundred and seventy-four; "An Act to protect persons of foreign birth against forcible constraint or involuntary servitude", approved June twenty-third, eighteen hundred and seventy-four; That part of "An Act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes", approved June twenty-third, eighteen hundred and seventy-four, which reads as follows: "That any postmaster who shall affix his signature to the approval of any bond of a bidder or to the certificate of sufficiency of sureties in any contract before the said bond or contract is signed by the bidder or contractor and his VOL. II-18 273 |