any cruel and unusual punishment, every such person so offending shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence.
Procedure in case a person arraigned shall stand mute, &c.Sec. 4. And be it further enacted, That whenever any person indicted for any offence against the United States, whether capital or otherwise, shall upon his arraignment stand mute, or will not plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party shall plead not guilty, or such plea shall be entered as aforesaid, the cause shall be deemed at issue, and shall, without further form or ceremony, be tried by a jury.Challenge. And in all trials in capital cases, if the party indicted shall peremptorily challenge above the number of jurors allowed by law, such excess of challenges shall be disallowed by the court, and the cause shall proceed for trial in the same manner as if the same [said] challenges had not been made.
Court may order sentence be executed in house of correction, &c.Sec. 5. And be it further enacted, That whenever any person shall be convicted of any offence against the United States which is punishable by fine and imprisonment, or by either, it shall be lawful for the court by which the sentence is passed, to order the sentence to be executed in any house of correction, or house of reformation for juvenile delinquents within the state or district where such court is holden, the use which shall be allowed and authorized by the legislature of the state for such purpose. And the expenses attendant upon the execution of such sentence shall be paid by the United States.
Approved, March 3, 1835.
Statute ⅠⅠ.
[Obsolete.]
Chap. XLI.—An Act making appropriations for certain roads, and for examinations and surveys, for the year one thousand eight hundred and thirty-five.
Appropriations for roads fromBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, to be paid out of any unappropriated money in the treasury, for certain roads, and for making examinations and surveys, for the year one thousand eight hundred and thirty-five, viz:
Detroit to fort Gratiot;For the road from Detroit to fort Gratiot, three thousand dollars.
Detroit to Saganaw;For the road from Detroit to Saganaw bay, ten thousand dollars.
Detroit to Grand river;For the road from Detroit to Grand river of Lake Michigan, twenty-five thousand dollars.
Detroit towards Chicago;For the road from Detroit towards Chicago, in the territory of Michigan, ten thousand dollars.
La Plaisance bay to Chicago road;For the road form La Plaisance bay, to intersect the road to Chicago, within the territory of Michigan, ten thousand dollars.
Memphis to St. Francis river.For the construction of a road from a point opposite to Memphis, to Wm. Strong’s house, on the St. Francis river, in the territory of Arkansas, in addition to the balance of former appropriation, one hundred and six thousand dollars.
Examinations and surveys.
1824, ch. 46.For defraying the expenses incidental to making examinations and surveys under the act of thirtieth of April, eighteen hundred and twenty-four, twenty-five thousand dollars.
Road from Pensacola to Tallahassee.For repairing the military road in Florida, from Pensacola to Tallahassee, and thence to St. Augustine, fifteen thousand dollars.
Payment of Isaiah Frost.For the payment of Isaiah Frost, for work heretofore done by him, on the Cumberland road, the sum of three hundred and twenty dollars.
Approved, March 3, 1835.