any particular state, every person so offending, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death: Provided, That nothing herein contained shall be construed to take away or impair the right of any court martial to punish any offence, which, by the law of the United States, may be punishable by such court.
Of any officer of the United States who is guilty of extortion.Sec. 12. And be it further enacted, That, if any officer of the United States shall be guilty of extortion, under, or by colour of his office, every person so offending shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year, according to the aggravation of the offence.[1]
Of any person in any case, matter, &c., who when on oath or affirmation, shall be required to be taken or administered, under any law of the United States, shall wilfully swear falsely.
Act of April 30, 1790, ch. 9, sec. 19.Sec. 13. And be it further enacted, That, if any person, in any case, matter, hearing, or other proceeding, when an oath or affirmation shall be required to be taken or administered under or by any law or laws of the United States, shall, upon the taking of such oath or affirmation, knowingly and willingly swear or affirm falsely, every person, so offending, shall be deemed guilty of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence. And if any person or persons shall knowingly or willingly procure any such perjury to be committed, every person so offending shall be deemed guilty of subornation of perjury, and shall on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence.[2]
When any person is arraigned for any offence, not capital, and refuse to answer such indictment, judgment shall be rendered accordingly.
Act of April 30, 1790, ch. 9, sec. 29.
In every case where a criminal is convicted, the court which shall pass the sentence shall order the same to be executed in any state prison, &c.
Act of April 30, 1790, ch. 9, sec. 23.
Punishment of any person employed in the Bank of the United States taking, &c. any money, &c. belonging to said bank.
Act of April 10, 1816, ch. 44.Sec. 14. And be it further enacted, That, if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, not withstanding, proceed to the trial of the person, so standing mute, or refusing to answer or plead, as if he or she had pleaded not guilty, and upon a verdict being returned by the jury, may proceed to render judgment accordingly. And the trial of all offences which shall be committed upon the high seas or elsewhere, out of the limits of any state or district, shall be in the district where the offender is apprehended, or into which he may be first brought.
Sec. 15. And be it further enacted, That, in every case where any criminal convicted of any offence against the United States shall be sentenced to imprisonment and confinement to hard labour, it shall be lawful for the court by which the sentence is passed, to order the same to be executed in any state prison, or penitentiary within the district where such court is holden; the use of which prison or penitentiary may be allowed or granted by the legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence, shall be paid by the United States.
Sec. 16. And be it further enacted, That, if any person who shall be employed as president, cashier, clerk, or servant, in the Bank of the United States, created and established by an act, entitled “An act to incorporate the subscribers to the Bank of the United States,” passed on the tenth day of April, in the year of our Lord one thousand eight hun-- ↑ Where the United States instituted an action for the recovery of a sum of money on a bond given with sureties by a purser in the navy, and the defendants, in substance, pleaded that the bond, with the condition thereon, was variant from that prescribed by law, and was, under colour of office, extorted from the obligor and his sureties, contrary to the statute, by the then Secretary of the Navy, as the condition of the purser remaining in the office, and receiving the emoluments, and the United States demurred to the plea; it was held, that the plea constituted a good bar to the action. The United States v. Tingey, 5 Peters, 114.No officer of the government has a right, by colour of his office, to require from any subordinate officer, as a condition for his holding his office, that he should execute a bond with a condition different from that prescribed by law. That would be, not to execute, but to supersede the requisites of the law. It would be very different, when such bond was, by mistake or otherwise, voluntarily, substituted by the parties for the statute bond, without any coercion, or extortion by colour of his office. Ibid.
- ↑ See notes to the fourth section of the act of March 1, 1823, ch. 20.
