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SEC. 11. The punishment of death prescribed by law must in every case be inflicted by hanging the convict by the neck until he is dead, at such time, not less than fifteen days after the sentence, as the court may adjudge.

SEC. 12. The marshal shall be present at the execution, unless he shall be prevented by sickness or other casualty, and also two of his deputies, to be designated by him, and he shall request the presence of the district attorney, the clerk of the criminal court, and twelve reputable citizens, including a physician or surgeon; and he shall permit the counsel of the criminal, such ministers of the gospel as the criminal shall desire, and his relations, to be present, and also such officers of the prison, deputies and constables, military guard or other assistants, as he shall see fit.

SEC. 13. Whenever the marshal shall inflict the punishment of death upon any convict, in obedience to a warrant, he shall make return thereof under his hand, as soon as may be, to the clerk's office of the court where the conviction was had, and the clerk shall subjoin a brief abstract of such return to the record of the conviction and sentence.

SEC. 14. If after any convict shall have been sentenced to the punishment of death, he shall become insane, the marshal, with the concurrence of the judge of the criminal court, or, in his absence, of any judge of the circuit court, may summon a jury of twelve men, to inquire into such insanity, and shall give immediate notice thereof to the district attorney.

SEC. 15. The district attorney shall attend such inquiry, and may produce witnesses before the jury. The inquisition shall be signed by them and the marshal, and if it be found that such convict is insane, the marshal shall suspend the execution of the warrant directing the death of the convict until he shall receive a warrant from the President of the United States directing the execution.

SEC. 16. The marshal shall transmit immediately such inquisition to the President, who may, as soon as he shall be convinced of the sanity of such convict, issue a warrant appointing a time for his execution.

SEC. 17. If a female convict sentenced to the punishment of death be pregnant, the marshal shall in like manner summon a jury of

six physicians, who, on like proceedings being had as in case of an insane convict, shall return an inquisition signed by them and the marshal.

SEC. 18. If, by such inquisition, it shall appear that such female convict is quick with child, the marshal shall in like manner suspend the execution of her sentence, and shall transmit the inquisition to the President, who, on being satisfied that such woman is no longer in that condition, shall issue a warrant appointing a day for her


SEC. 19. Except in cases of impeachment, the President of the United States shall have power to grant reprieves and pardons, and remit fines and forfeitures, for all criminal offences cognizable within this District.

SEC. 20. In all cases in which the President is authorized by the preceding section to grant pardons, he may, upon the petition of the person convicted, grant a pardon upon such conditions, and with such restrictions, and under such limitations, as he may think proper; and he may issue his warrant to all proper officers to carry into effect such conditional pardon, which warrant shall be executed instead of the sentence, if any, which was originally adjudged.

SEC. 21. Whenever an application shall be made to the President for a pardon, he may call upon the district attorney to furnish him with a concise statement of the case as proved on the trial, together with any other facts or circumstances having a bearing upon the question of granting or refusing a pardon.

SEC. 22. When any convict is pardoned or reprieved by the President, or has his punishment commuted, the officer to whom the warrant for that purpose is issued shall, as soon as may be, make return thereof, under his hand, with what he has done stated therein, to the Attorney General's office. He shall also file in the office of the court in which the conviction took place, an attested copy of the warrant and return, a brief abstract whereof the clerk shall subjoin to the record of conviction and sentence.

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SECTION 1. The President of the United States shall have power to grant a nolle prosequi in any criminal proceeding before sentence or judgment; and he may grant the same on such conditions, and under such limitations and restrictions, as may appear to him most advisable. SEC. 2. The President of the United States shall have power to grant remissions of forfeitures of all recognizances acknowledged and taken before any court, judge, justice, or other magistrate within this District, either in the course of any criminal prosecution or for surety of the peace.

SEC. 3. The prosecuting officer also may, with the sanction of the judge of the criminal or district court, obtained on motion, non pros. any criminal proceeding before verdict.

SEC. 4. On the forfeiture of the recognizance of any party or witness in a criminal proceeding, the judge of the criminal court may remit any part or the whole of the penalty named in the recognizance, according to the circumstances of the case and the situation of the party, and upon such terms and conditions as to said judge may seem just and reasonable.

SEC. 5. Whenever in the opinion of the criminal court it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court. While the jury are thus absent, no person other than the officer having them in charge, and the person appointed to show them the place, shall speak to them on any subject connected with the trial.

SEC. 6. To make an arrest in criminal cases, the officer may break open any outer or inner door or window of a dwelling house, or other building, or any enclosure, if, after notice of his office and purpose, he be refused admittance.

SEC. 7. When any stolen property shall, after the first trial of the person charged with the larceny thereof, or receiving the same, remain in the possession of any officer, unclaimed by the owner, for the space of three months, the same shall, after public notice in some newspaper printed in this District, be sold at auction to the highest bidder, under the direction of the prosecuting officer, and the avails thereof paid over to the use of the common schools, to be distributed among them. as in case of fines.

SEC. 8. In case any such stolen property shall remain in the custody of the officer for one year, unclaimed as aforesaid, and the thief shall not within that time be taken, it shall be disposed of in like manner, and for like purpose, as indicated in the preceding section.

SEC. 9. If any criminal shall serve out the full period of his sentence according to law, such service shall have, to all intents and purposes, the effect of a pardon for the offence for which he was convicted.

SEC. 10. In all cases of malicious mischief or trespass specified in sections thirty-seven, forty-two, forty-three, forty-four, forty-five, and forty-six, of chapter one hundred and thirty-one, where the value of the property injured, destroyed, or taken away, or the injury occasioned by the trespass, shall not be alleged to exceed the sum of ten dollars, justices of the peace shall have exclusive jurisdiction therein, and in such cases the punishment shall be by imprisonment in jail not more than twenty days, or fine not exceeding thirty dollars, saving to the party convicted before such justice the right to a trial by jury, on his appeal to the criminal court.

SEC. 11. Every person convicted before a justice of the peace of an offence, and appealing therefrom, shall be committed to abide the sentence of the criminal court until he shall recognise, with sureties, in such reasonable sum as the justice of the peace shall require, with condition to appear at said court, there to prosecute his appeal and to abide the sentence thereon. On such appeal being taken and bond filed, the justice shall make a copy of the conviction and other proceedings in the case, and transmit the same, together with the recognizance, to the clerk of the criminal court.

SEC. 12. The United States shall be responsible for all costs and fees in criminal proceedings, except such as accrue to justices of the peace and constables in cases of misdemeanor, and to witnesses of the accused upon any preliminary examination. No fees, however, for the attendance or travel of any witness for the accused on the trial shall be paid by the United States, unless the judge before whom the case is pending, upon the affidavit of the accused stating that he believes such witness material to his defence, shall, in vacation or term, have ordered the clerk to issue the subpoena.

SEC. 13. Where any person accused of an offence shall be convicted thereof, the United States may have execution against the body and property of such convict to the extent of the fees and costs of prosecu tion paid by them. Upon the conviction of any person of a felony, any justice of the peace before whom proceedings shall have been had in connection therewith, shall certify to the court above, the bill of costs and fees for same, and the amount thereof shall be included in the execution.

SEC. 14. All fees and costs accruing to a justice of the peace or constable, in cases of felony, or to witnesses, when the United States is responsible therefor, shall be paid by the marshal, upon the approval of the judge of the criminal court, subject to the revision of the accounting officers of the Treasury and appeal to the Secretary of the Interior.


Of prisons; their organization and discipline.

CHAPTER 147. Of the organization and discipline of the penitentiary.
CHAPTER 148. Of the discipline of the jail.

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