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PART IV.

ORGANIZATION OF THE CRIMINAL COURT OF THE DISTRICT OF COLUMBIA; OF CRIMES AND THE PUNISHMENT THEREOF, AND PROCEEDINGS IN CRIMINAL CASES.

TITLE I.

CHAPTER 128.

OF THE CRIMINAL COURT OF THE DISTRICT OF COLUMBIA.

SECTION

16. Salary of judge of criminal court.

3. Judge to take oath.

4.

SECTION

1. The criminal court of the District of Co-
lumbia continued.

2. Tenure of present judge; and vacancy,
how filled.

Jurisdiction of the criminal court.

5.

6. Criminal court to be a court of record,
and to have a seal.

7. Terms of court, ordinary and special.
8. Power of judge to make rules.

9. Power of criminal court to issue neces-
sary writs, &c.

10. Power of judge to administer oaths, and
punish contempts.

11.

12.

13. Powers of court and judge in general.
14.

15.

17.

18.

}

By whom criminal court held, in case of the death, sickness, or other disability of judge.

19. Effect of such proceeding.

20. Record may be certified to the circuit court, when accused is related to the judge of the criminal court.

21. All writs tested in name of the judge of the criminal court.

22. Matters not determined, to be continued to next term.

23. When execution of sentence to be stayed. 24. Questions of law; how adjourned to circuit court.

25. Judge of criminal court may appoint a
clerk.

26. Clerk to take oath and give bond.
27. Powers, duties, and disabilities of clerk.

SECTION 1. The criminal court of the District of Columbia, consisting of one judge, shall continue, and said court and the judge thereof shall have and exercise such jurisdiction and powers as are hereinafter conferred.

SEC. 2. The present judge of the said criminal court shall continue to hold his office according to the tenor of his commission, and as a

vacancy occurs it shall be filled by appointment, made by the President of the United States, by and with the advice and consent of the Senate.

SEC. 3. Every person who shall be appointed a judge of the said criminal court shall, before he exercises any of the duties of his office, take an oath that he will administer justice without respect to persons, and that he will faithfully and impartially discharge all the duties incumbent on him as a judge of the criminal court of the District of Columbia, according to the best of his abilities and understanding, and agreeably to the constitution and laws of the United States and the laws of the District of Columbia.

SEC. 4. The said criminal court shall, except when otherwise expressly provided by law, have exclusive jurisdiction in the trial and punishment of all crimes and offences committed within the District, and also in the recovery of all fines, forfeitures, and penalties arising under the laws thereof, except such as shall accrue wholly to any other party than the United States.

SEC. 5. The criminal court and judge thereof shall, except so far as is otherwise expressly provided, have the same jurisdiction in the trial and punishment of crimes and offences against the laws of the United States as is vested in the circuit courts of the United States, or the judges thereof, by the acts of Congress of the United States now in force or hereafter to be passed.

SEC. 6. The criminal court shall be a court of record, and shall have an appropriate seal, to be devised by the judge thereof, a description of which shall be filed with the clerk of said court, and be recorded by him.

SEC. 7. The said criminal court shall hold three terms in each year, in the city of Washington: the first beginning on the first Monday of March; the second beginning on the first Monday in June; and the third beginning on the first Monday of December; and the judge of said court shall have power to hold special terms thereof, when it shall appear proper to him to order the same; of which order ten days' public notice shall be given previous to the time of holding such special term.

SEC. 8. The judge of the criminal court shall have power to make all needful rules, not inconsistent with law, for regulating the prac tice of said court, and for conducting speedily and orderly the business thereof, and may revise the same from time to time.

SEC. 9. The judge of the criminal court shall have power to issue all such executions, and other writs and processes, and to do all such other acts, as may be necessary and proper to carry into full effect the powers and authority given by law to said court.

SEC 10. The judge of the criminal court shall have full power to administer necessary oaths or affirmations, and to punish by fine and imprisonment, or either, all contempts.

SEC. 11. The criminal court shall have power to hear and determine upon all errors and matters of fact that may happen in the proceedings depending therein, and to cause to be corrected any clerical errors that may happen in making up the records of said court.

SEC. 12. The criminal court shall have power to compel the attendance of witnesses and jurors by attachment and fine, and to fine the marshal, or his deputies, or the coroner, or elizors, for not returning any writ or process issued by said court, or for disobeying any of its lawful orders.

SEC. 13. The judge of the criminal court shall be a conservator of the peace. He shall also have power to take all necessary recognizances, and obligations for good behavior, to keep the peace, and to appear or to answer any offence or criminal charge in the court having jurisdiction thereof.

SEC. 14. The judge of the criminal court may order any person presented or indicted to be committed to jail for want of security; may render judgment against such as plead guilty; may receive the submission of any person presented or indicted for any offence punishable by fine or imprisonment, or both; and may, without a jury, and with the consent of the party so presented or indicted, hear and consider the evidence and the law, and either acquit or pass sentence against such party accordingly.

SEC. 15. The judge of the criminal court, on being satisfied by a prisoner indicted for any crime or offence that he is too poor to employ counsel, may, on the request of such party, assign him counsel; and the counsel so assigned shall faithfully defend the cause of such prisoner, to the best of his skill, without fee or reward.

SEC. 16. The judge of the criminal court shall receive an annual salary of thirty-five hundred dollars; to be paid in quarterly payments out of the treasury of the United States, and in the same proportion for any part of a quarter.

SEC. 17. If the judge of the criminal court shall be prevented by sickness or other disability from holding any stated or appointed term thereof, or if there be no judge of the criminal court at the time for holding a stated or appointed term of said court, it shall be the duty of the clerk thereof to certify any such case to the chief judge of the circuit court, and thereupon the said chief judge shall hold the said criminal court, and perform the judicial duties of judge thereof; and in case of sickness, death, or other disability, of the chief judge of the circuit court, the same duty shall devolve on the senior assistant judge of the circuit court.

SEC. 18. If after the criminal court shall have commenced its session the judge thereof be taken sick, so as not to be able to continue the session of said court from day to day, until the business of the term is disposed of, it shall be lawful for him, or, in his absence, for the clerk of said court, to adjourn the same from day to day, or from week to week, until such time as said judge shall be able to attend to the business of the court; when the same shall be resumed as if the session had not been interrupted. But if such sickness of the judge shall continue for the space of one month, the provisions of preceding section shall apply, and said court shall be held as therein provided.

SEC. 19. The acts or proceedings in the said criminal court, by or before the chief judge of the circuit court, or senior assistant judge thereof, required by the next two preceding sections, shall have the same force, effect, and validity, as if done and transacted by or before the judge of the criminal court. The said chief judge, or senior assistant judge of the circuit court, shall be empowered to sit in the circuit court in any case of a writ of error from his own judgment in said criminal court, in the same manner as if the criminal court had not been held by him.

shall

SEC. 20. If in any case the parties accused, or any of them, be related by consanguinity or affinity to the judge of the criminal court, such case, and the record and proceedings therein, may, in the discretion of the said judge, be certified by the clerk of the criminal court to the circuit court, to be there tried and determined. And in any such case, upon conviction, the circuit court shall have full power to pass and execute sentence.

SEC. 21. All writs and processes which shall issue from the criminal court shall be tested in the name of the judge thereof.

SEC. 22. When at any term of the criminal court a jury shall be empanneled to try any issue, and it shall happen that no verdict shall be found, nor the jury otherwise discharged before the day appointed by law for the commencement of the next succeeding term, the said court shall, nevertheless, proceed with the trial by the same jury in ! every respect as if such term had not commenced; and all subsequent proceedings to final judgment, if such judgment shall be rendered, shall be entered, and have legal effect and operation, as of the term at which the jury shall have been empanneled.

SEC. 23. In all cases where the judgment of the criminal court shall be death, or confinement in the penitentiary or jail, said court shall, on the application of the convicted party, in order to enable him to apply for a writ of error, postpone the final execution of such judgment for a reasonable time beyond the next stated term of the circuit court, not exceeding in any case thirty days after the end thereof.

SEC. 24. The criminal court may, in any case, with the consent of the person accused, adjourn any question of law to the circuit court, which may be there argued and decided, though such accused person be not present.

SEC. 25. The judge of the criminal court shall have power to appoint a clerk to said court, to serve as such during the pleasure of said judge.

SEC. 26. Every clerk of the criminal court shall, before entering upon the duties of his office, be sworn by the judge of said court to the faithful discharge of the same. He shall likewise give, in manner aforesaid, a bond to the United States, to be approved by said judge, in a sum not less than ten thousand dollars, with two sufficient sureties, conditioned for the faithful discharge of the duties of his office.

SEC. 27. The clerk of the criminal court shall have the same powers, shall discharge like duties, and be subject to like disabilities as are herein before conferred or imposed by chapter seventy-six upon the clerk of the circuit court.

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