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1839.

ing, beating, or

causing another

stricken, beaten,

fusing to fight a

SEC. 3. And be it further enacted, That if any person shall Any person as assault, strike, beat, or wound, or cause to be assaulted, stricken, saulting, strik- beaten, or wounded, any person in the District of Columbia, for wounding, or declining or refusing to accept any challenge to fight a duel, or to be assaulted, to engage in single combat with any deadly or dangerous instruer wounded for ment or weapon whatever, or shall post or publish, or cause to declining or re- be posted or published, any writing charging any such person duel, &c., or pub- so declining or refusing to accept any such challenge, to be a ing, or causing Coward, or using any other approbrious or injurious language such person to be be therein, tending to degrade and disgrace such person for so declinposted, shall, on ing or refusing such challenge, every person so offending, on punished by con- conviction thereof in any court competent to the trial thereof, in labor, for not ex- the said District, shall be punished by confinement to hard labor ceeding 3 years. in the penitentiary, for a term not exceeding three years, in the discretion of the court.

lishing, or post

published or

conviction, be

finement to hard

person

the District by

ment, &c., with

Any SEC. 4. And be it further enacted, That, if any person or giving or receiv. ing a challenge persons, for the purpose of evading the provisions of this act, after having left shall leave the District of Columbia, by previous arrangement previous arrange or concert within the same, with intent to give or receive any intent to do so, such challenge without said District, and shall give or receive any guilty of a misde. Such challenge accordingly, the person or persons so offending nicanor, and sub- shall be deemed guilty of a misdemeanour, and be subject to penalties as if the the same penalties as if such challenge had been given and rebeen given in the ceived within said district.

shall be deemed

ject to the same

challenge had

District.

A former conviction or acquit

SEC. 5. And be it further enacted, That every offender may tal, for the same plead a former conviction or acquittal for the same offence in offence, to be a any State or country; and the same, being established, shall be bar to further proceedings. a bar to any further proceedings against such person under the next preceding section of this act.

Any person offending against

a competent wit

ness against

in the same trans

SEC. 6. And be it further enacted, That any person offendthis act, may be ing against the provisions of this act may be a competent witness tent wit against any other person offending in the same transaction, and others offending may, at the discretion of the court, be compelled to give eviaction, and com- dence before any grand jury, or on any trial in court; but the dence, but shall person so testifying shall not thereafter be liable to prosecution not be liable to for the same matter, nor shall the testimony so given be used against him in any case whatsoever.

pelled togive evi.

prosecution, &c.

be sworn faithful

Grand jury to SEC. 7. And be it further enacted, That, in addition to the ly and impartial- oath now prescribed by law to be administered to the grand jury to, and true pre. in the District of Columbia, they shall be sworn faithfully and sentment make impartially to inquire into, and true presentment make of, all against this act offences against this act.

of, all offences

Approved, February 20th, 1839.

CHAP. 31. An ACT to amend an act entitled "An act to establish a criminal court

in the District of Columbia.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress as

thecriminal court

&c., the chief

sembled, That whenever the judge of the said criminal court, 1839. from sickness, or any other legal cause, shall be unable to hold In case of inathe said court, he shall give notice thereof to the chief judge of bility of judge of the circuit court of the District of Columbia, who, if not pre- from sickness, vented by sickness or other legal cause, on receiving such notice, judge of the cir shall hold the said court during the temporary inability of the hold the criminal judge of the said court; and if the chief judge of the said cir- court, and if he cuit court shall not be able to hold the said criminal court, then senior assistant the senior assistant judge of the said circuit court shall hold the

same.

SEC. 2. And be it further enacted, That all writs and process which shall issue from the said court, shall be tested in the name of the judge of the said court.

cuit court shall

be prevented, the

judge.

All writs and

ed in the name process to be testof the judge.

of court, in all

&c.,

SEC. 3. And be it further enacted, That the judge of the said The judge, out court shall, out of court, in all criminal matters, and breaches of criminal matters, the peace and good behavior, have and exercise all the powers & shall execby law vested in the circuit court of the United States, and the Wers vested in judges thereof, and which were vested by the acts establishing court and the jud the circuit court of the District of Columbia, and judges of the ges thereof, &c.

same.

the U. S. circuit

take an oath of

for the orderly

ministration of

vide a seal-to

SEC. 4. And be it further enacted, That the judge of the said The judge to criminal court shall take the oath of office, provided by law to office-to inake be taken by the judges of the circuit court of the District of rules of practice Columbia; and shall have power to make all needful rules of and speedy adpractice for the orderly and speedy administration of the busi- business-to proness of the same, as he shall deem expedient, not inconsistent have the same with the laws and Constitution of the United States; and the poweras the judg said court is hereby authorized to provide a seal for the same; court, to require and he shall have the same power and authority as is exercised by the judges of the circuit court of the District of Columbia, to require bail in all cases when by law bail may be required.

es of the circuit

bail.

confine

ror granted to the

judgment of the criminal court of

either county to

SEC. 5. And be it further enacted, In order to prevent the In order to predelay and long confinement in the jails of said District, of pri-Yong vent delay and 1 soners sentenced to be executed, or to the penitentiary, when the ment, &c. party claims the right to have the sentence suspended, to give an opportunity of applying for a writ of error: Be it enacted, That all writs of error which may be granted to the judgment All writs of erof the criminal court of either county, shall be returned to the circuit court which may be in session, or to the next circuit court which may be held at the stated times fixed by law for the be returned to the meeting of the same; and that so much of the fifth section of session, or, &c. the act establishing the criminal court as requires the writ of th, of the former error to be returned to the circuit court of the county in which act as is inconsaid judgment may be rendered, be, and the same is hereby re- repealed. pealed. The judgment of the circuit court shall be certified to circuit court to be the clerk of the criminal court, and preserved among the origi- certified to clerk nal papers in the case.

circuit court in

Such part of sec.

sistent with this,

of criminal court.

thecriminal court

County shall be

SEC. 6. And be it further enacted, That the said criminal Days on which court for Washington county, in said District, shall hereafter for Washington commence and be held on the last Monday in December and on count the second Monday in March and the fourth Monday of October, instead of the first Monday in December and the first

1839.

Monday in March and the first Monday of September, the days now fixed by law for holding three of the terms of said court. All process in All process whatsoever now issued, or which may be issued in shall be return- the county of Washington, in said District, returnable to the able on the days days now fixed by law for said county, shall be returnable and returned on the days prescribed by this statute.

Washington co.

prescribed by this

act.

sion, the judge

his absence,

business.

If during a ses. SEC. 7. And be it further enacted, That if, after the said should be taken court shall have commenced its session, the judge should be ience, the taken sick, so as not to be able to continue the session of the clerk, may ad- court from day to day until the business of the term is disposed of, journ the court from day to day, it shall be lawful for him, or in his absence for the clerk of the or week to week, until he is able said court to adjourn the same from day to day or week to week to attend to the until such time as he shall be able to attend to the business of the said court when the same shall be resumed as if the session But if this sick had not been interrupted. But if the sickness of the said judge shall continue longer than the space of one month, then the chief judge of the circuit court of the District of Columbia shall court shall con hold the said court and continue the session; and if the said and in case of chief judge shall be unable from sickness or other disability to senior assistant hold the said court then the senior assistant judge of the said circuit court shall hold the same.

ness Continue longer than a month, the chief judge of circuit

tinue the session,

his inability, the

judge.

Cases wherein any of the parties

minal court, may

next circuit crt.,

SEC. 8. And be it further enacted, That in any case wherein are related to the the parties or any of them may be related to the said judge of judge of the cri the criminal court, then such case and the record thereof may be sent to the be sent to the next circuit court of the District of Columbia for for the same co., the county in which the said case shall have arisen, to be there to be tried, &c. tried and determined, and sentence passed and executed, as if this act and the act to which this is supplemental had never been passed.

which were pend

1st Monday of

turnable to that

session, are re. vived, reinstated,

stated session, to

All causes, &c. SEC. 9. And be it further enacted, That all causes indicting for Wash. ments, writs, process, and proceedings which were pending in ington county on the criminal court of the District of Columbia for the county of Decr. last, or re- Washington, at the time appointed by law for holding a session thereof, on the first Monday of December last past, or which and Continued were returnable to the session of said court which ought to have over to the next been holden on said first Monday of December, shall be, and the be bolden on same are hereby, revived, reinstated, and continued over to the next stated session of said court for said county, to be holden on the second Monday of March next, in the same manner and condition, and the same further proceedings may be had therein as if a session of the said court had been held, according to law, on the said first Monday of December, and as if a regular continuance of all said causes, indictments, writs, process, and proceedings, had been duly entered upon the records of the said Approved, February 20th, 1839.

2d Monday of March next.

court.

CHAP. 32. An ACT for the relief of the legal representatives of Thomas Glascock,

deceased.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

1839.

presentatives of Thos. Glascock

sembled, That the Secretary of the Treasury of the United States be, and he is hereby, authorized and required to pay Sec. Treas. to to the legal representatives of Thomas Glascock, the sum pay the legal reof one hundred and thirty-three dollars and thirty-three cents, 133 33, that sum (that sum appearing to be due said Glascock, by the return of appearing to be unexpended balances made by John Hopkins, army agent of the cock. United States for the State of Virginia, on the eighteenth of. March, eighteen hundred and twenty-four,) out of any money in the Treasury not otherwise appropriated.

JAMES K. POLK,

Speaker of the House of Representatives.
W. R. KING,

due said Glas

President of the Senate, pro tempore.

Approved, February 26th, 1839.

M. VAN BUREN.

CHAP. 33. An ACT to prevent the abatement of suits and actions now pending, in which the Bank of Columbia in Georgetown, may be a party.

now

pending,

by reason of the

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That no suit, action, judgment, or decree, now pending No suit, &c., and unsatisfied, in which the Bank of Columbia, in Georgetown, shall abate, &c., is party plaintiff or defendant, shall abate, or be discontinued or expiration of the dismissed by reason of the expiration of the term for which charter, but may proceed to final the said bank is chartered, but all such suits, actions, judgments, judgment, &c., and for that pur and decrees shall be allowed to proceed to final judgment, exe- pose the corpocution, satisfaction, and settlement; and for that purpose it shall be used. be lawful to use the corporate name, style and capacity, notwithstanding the expiration of the term of its incorporation. Approved, February 28th, 1839.

rate name may

CHAP. 34. An ACT Supplemental to the "Act granting certain city lots to the corporation of the Columbian College for the purposes therein mentioned" approved the fourteenth day of July eighteen hundred and thirty-two.

Corporation of College, author

the Columbian

ized to sell so many of the city lots granted to

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the corporation of the Columbian College be, and hereby is, authorized to sell so many of the city lots, granted to said corporation by the act to which this is supplemental, as shall be sufficient to raise the sum of seven thousand dollars, aid Corporation, and to apply the proceeds of such sale to the payment of debts as shall be suffi due from said corporation, any thing in the act to which this is supplemental to the contrary notwithstanding. Approved, February 28th, 1839.

cient to raise

$7000, and to ap

ply the same to the payment of its debts.

1839.

for debt abolish

S. court, in states

CHAP. 35. An ACT to abolish imprisonment for debt in certain cases.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asImprisonment sembled, That no person shall be imprisoned for debt in any ed, on process is. State, on process issuing out of a court of the United States, Fuing out of a U. where by the laws of such State, imprisonment for debt has where it has been been abolished; and where by the laws of a State, imprisonstate laws, and ment for debt shall be allowed, under certain conditions and lowed, under cer- restrictions, the same conditions and restrictions shall be applica ble to the process issuing out of the courts of the United States; the same to be ap- and the same proceedings shall be had therein, as are adopted in the courts of such State. Approved, February 28th, 1839.

abolished by the

where it is al

tain conditions

and restrictions, plicable, &c.

courts, when

defendants, any

be inhabitants of,

the district where

CHAP. 36. An ACT in amendment of the acts respecting the Judicial System of the
United States.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress as

In suits com-sembled, That where, in any suit at law or in equity, commerced in V.S; menced in any court of the United States, there shall be several there are several defendants, any one or more of whom shall not be inhabitants of whom shall not of or found within the district where the suit is brought or shall or found within, not voluntarily appear thereto, it shall be lawful for the court to suit is brought, or entertain jurisdiction, and proceed to the trial and adjudication shall not volun- of such suit, between the parties who may be properly before thereto, the court it; but the judgment or decree rendered therein shall not conrisdiction, and clude or prejudice other parties, not regularly served with proal and adjudica- cess, or not voluntarily appearing to answer; and the noujointion of the sult, der of parties who are not so inhabitants, or found within the district, shall constitute no matter of abatement, or other objection to said suit.

tarily appear

may entertain ju

proceed to the tri

but, &c.

The appoint

circuit courts U.

SEC. 2. And be it further enacted, That all the circuit ment of clerks in courts of the United States shall have the appointment of their S.-how made. own clerks; and in case of a disagreement between the judges the appointment shall be made by the presiding judge of the

Pecuniary pefeitures accruing

court.

SEC. 3. And be it further enacted, That all pecuniary penalties and for nalties and forfeitures accruing under the laws of the United under U. S. laws, States may be sued for and recovered in any court of compeand recovered. tent jurisdiction in the State or district where such penalties or forfeitures have accrued, or in which the offender or offenders may be found.

where sued for

prosecutions to

No suits and SEC. 4. And be it further enacted, That no suit or prosecube maintained for tion shall be maintained, for any penalty or forfeiture, pecuniary penalties or for or otherwise, accruing under the laws of the United States, ununder laws of U. less the same suit or prosecution shall be commenced within menced within five years from the time when the penalty or forfeiture accrued;

feitures, accruing

S. unless com.

five years.

Proviso.

Provided, The person of the offender or the property liable for such penalty or forfeiture shall, within the same period, be found within the United States; so that the proper process may be instituted and served against such person or property therefor.

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