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such person to be published or

Any

person

the District by

1839. SEC. 3. And be it further enacted, That if any person shall

assault, strike, beat, or wound, or cause to be assaulted, stricken, Any person assaulting, 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 instruor wounded for ment or weapon whatever, or shall post or publish, or cause to declining our robe posted or published, any writing charging any such person duel, &c., or puls so declining or refusing to accept any such challenge, to be a ing, ** causing coward, or using any other approbrious or injurious language

therein, tending to degrade and disgrace such person for so declinposlend, thall, con ing or refusing such challenge, every person so offending, on punished by con, conviction thereof in any court competent to the trial thereof, in labur, for tot ex. the said District, shall be punished by confinement to bard labor coeling 3 years in the penitentiary, for a term not exceeding three years, in the

discretion of the court.

Sec. 4. And be it further enacted, That, if any person or

. ing 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 nuisce such challenge accordingly, the person or persons so offending pucanor, 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 reheen given in the ceived within said district.

Sec. 5. And be it further enacted, That every offender may city for the came plead a former conviction or acquittal for the same offence in hade o further pra any State or country; and the same, being established, shall be

a bar to any further proceedings against such person under the next preceding section of this act.

SEC. 6. And be it further enacted, That any person offend. ang ini, making ing against the provisions of this act may be a competent witness

gainst against any other person offending in the same transaction, and others oftending 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 Sence, but shall person so testifying shall not thereafter be liable to prosecution pode escola, etc. for the same matter, nor shall the testimony so given be used

against him in any case whatsoever. Grand jury 10 Sec. 7. And be it further enacted, That, in addition to the w and impartial: oath now prescribed by law to be administered to the grand jury is coinquire in in the District of Columbia, they shall be sworn faithfully and opatment make impartially to inquire into, and true presentment make of, all against this acl offences against this act.

Approved, February 20th, 1339.

District.

A former con.

ceedings.

Any person of a competent wit. ness

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

assistant

vested in the U.S. circuit

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sembled, That whenever the judge of the said criminal court, 1839.
from sickness, or any other legal cause, shall be unable to hold Ta case of ina.
the said court, he shall give notice thereof to the chief judge of liberty of none of
the circuit court of the District of Columbia, who, if not pre-com home kehitety
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-Gurtand if he
cuit court shall not be able to hold the said criminal court, then senior
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 All writs and which shall issue from the said court, shall be tested in the name ed in the name

of the judge. of the judge of the said court. Sec. 3. And be it further enacted, That the judge of the said The jud:e, out

of court, in all 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 die sh the po by law vested in the circuit court of the United States, and the wars judges thereof, and which were vested by the acts establishing court and the judthe circuit court of the District of Columbia, and judges of the Ses thereof, &c. same.

Sec. 4. And be it further enacted, That the judge of the said The judge 19 criminal court shall take the oath of office, provided by law to vifice40 inaka be taken by the judges of the circuit court of the District of rules or practice Columbia ; and shall have power to make all needful rules of and speely al. practice for the orderly and speedy administration of the busi- tusiness—to proness of the same, as he shall deem expedient, not inconsistent have the name with the laws and Constitution of the United States; and the powerasthe judg: said court is hereby authorized to provide a seal for the same ; court, w 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 reqnired.

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-Yone delay and soners sentenced to be executed, or to the penitentiary, when the meat, &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 arof the criminal court of either county, shall be returned to the purlement of the circuit court which may be in session, or to the next circuit court criminal Court of which may be held at the stated times fixed by law for the brrturned 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 oth of the former error to be returned to the circuit court of the county in which said judgment may be rendered, be, and the same is hereby re-repealed. pealed. The judgment of the circuit court shall be certified to Judgment of the clerk of the criminal court, and preserved among the origi- certifial to clerk

of criminal court. nal papers in the case.

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 heln. the second Monday in March and the fourth Monday of October, instead of the first Monday in December and the first

acı, as is inconsistent with this,

county shall be

act.

ne83 coutinue longer than month, the chief

Cases wherein

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 Bubbleceive y lays days now fixed by law for said county, shall be returnable and

returned on the days prescribed by this statute. If during a seg.

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 mis kabeli.com cha taken sick, so as not to be able to continue the session of the clerk, may ari.court from day to day until the business of the term is disposed of, from day to day, it shall be lawful for him, or in his absence for the clerk of the until he is at the 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

a shall continue longer than the space of one month, then the judge of circuit 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 judge.

circuit court shall hold the same.

Sec. 8. And be it further enacled, That in any case wherein any ofthe parties are related wine the parties or any of them may be related to the said judge of

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

tried and determined, and sentence passed and executed, as if this act and the act to which this is supplemental had never been passed.

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 te. Washington, at the time appointed by law for holding a session

thereof, on the first Monday of December last past, or which vived, reinstated,

continued were returnable to the session of said court which ought to have over for the next been holden on said first Monday of December, shall be, and the be huolen, 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 court.

Approved, February 20th, 1839.

judge of the criminal court, may

be c

All causes, &c.

pend

that session, are re

and

March next.

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

due said Glas

sembled, That the Secretary of the Treasury of the United 1839. States be, and he is hereby, authorized and required to pay Sec. Treas. to the legal representatives of Thomas Glascock, the sum pay the legal re:

presentatives of of one hundred and thirty-three dollars and thirty-three cents, 13 * 33, Chascouch (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,
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. [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 by reason of the dismissed by reason of the expiration of the term for which charter, but may the said bank is chartered, but all such suits, actions, judgments, judgmem, &c., and decrees shall be allowed to proceed to final judgment, exe- pose the corpo cution, satisfaction, and settlement; and for that purpose it shall used.me may be lawful to use the corporate name, style and capacity, notwithstanding the expiration of the term of its incorporation.

Approved, February 28th, 1839.

CHAP. 34. An ACT Supplemental to the “ Act granting certain city lots to the cor

poration of the Columbian College for the purposes therein mentioned" approved the fourteenth day of July eighteen hundred and thirty-two.

[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 Corporation of hereby is, authorized to sell so many of the city lots, granted to college, author. said corporation by the act to which this is supplemental, as many or the city shall be sufficient to raise the sum of seven thousand dollars, a granted to 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 87u0, and to ap

ply the same to supplemental to the contrary notwithstanding.

ihe payment of Approved, February 28th, 1839.

its debts.

1839. CHAP. 35. An ACT to abolish imprisonment for debt in certain cases.

[Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asImprisonment sembled, That no person shall be imprisoned for debt in any ed, ou process is State, on process issuing out of a court of the United States, suing 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

curicions ble do the process issuing out of the courts of the United States; the saune to be ap-and the same proceedings shall be had therein, as are adopted plicable, c

in the courts of such State. Approved, February 28th, 1839.

tain

risdiction,

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 Repre

sentatives of the United States of America in Congress asIn suits com sembled, That where, in any suit at law or in equity, communced in Wher; menced in any court of the United States, there shall be several leren 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, of entertain jurisdiction, and proceed to the trial and adjudication shall not volunof such suit, between the parties who may be properly before thereto, the court it; but the judgment or decree rendered therein shall not con

and clude or prejudice other parties, not regularly served with proal and adjudica cess, or not voluntarily appearing to answer; and the nonjoinbiore. The outh der of parties who are not so inhabitants, or found within the

district, shall constitute no matter of abatement, or other objec

tion to said suit. The appoine

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

court. Pecuniary pe

Sec. 3. And be it further enacted, That all pecuniary pemeilliren andrutor nalties and forfeitures accruing under the laws of the United under U.S. Jawa 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.

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

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.

No suits and

menced five years.

Proviso

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