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 hereinbefore conferred or imposed by chapter seventy-six upon the clerk of the circuit court.

TITLE II.

Of crimes, and the punishment thereof.

CHAPTER 129. Of treason, and advising insurrection of slaves.

CHAPTER 130. Of offences against the lives and persons of individuals.

CHAPTER 131. Of offences against private property.

CHAPTER 132. Of forgery and counterfeiting.

CHAPTER 133. Of offences against public justice.

CHAPTER 134. Of offences against the public peace.

CHAPTER 135. Of offences against morality and decency.

CHAPTER 136. Of offences against the public health.

CHAPTER 137. Of offences against public policy.

CHAPTER 138. Of offences by negroes.

CHAPTER 139. General provisions concerning crimes and punishments.

SECTION 1. Treason, and misprision of treason, against the government of the United States, as defined by the constitution and laws thereof, shall be proved and punished as therein prescribed.

SEC. 2. If any person, free or slave, advise or conspire with any other person, free or slave, to make an insurrection of slaves, or with any person to induce a slave to make insurrection, he shall, on conviction thereof, be punished with death, whether such insurrection be made or not.

CHAPTER 130.

OF OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS.

SECTION

MURDER AND MANSLAUGHTER.

1 Murder in the first degree defined and punished.

2. Murder in the second degree defined and punished.

SECTION

3. Manslaughter, voluntary and involuntary, defined and punished.

4. Manslaughter, assisting at self-murder. 5. Manslaughter by dangerous animals at

large.

SECTION

DUELING.

6. Murder in duel fought out of this District.

7. Accessory before fact.

8. Duel or challenge, though no death ensue; how punished.

9. Carrying or accepting challenge, &c.; how punished.

10. Persons leaving District to evade pro

visions against dueling; how punished. 11. Former conviction or acquittal out of this District may be plead in bar. 12. Assaulting, posting, or upbraiding another for not fighting a duel, &c.; how punished.

POISONING AND ABORTION.

13. Mingling poison with food, drink, or in wells, with intent to kill; how punished.

14. Administering, or attempting to administer, poison in other ways, with intent to kill; how punished.

15. Producing death by abortion; how ished.

pun

16. Abortion, or attempts at, without death; how punished.

17. Saving as to such acts done in good faith.

18. Physician, while intoxicated, administering poison and producing death; how punished.

19. Same, when death does not ensue. MAIMING AND ASSAULTING WITH INTENT TO MURDER, ROB, ETC.

20. Maiming; how punished.

21. Assaulting with intent to murder; how

punished.

22. Assaulting with intent to commit manslaughter or to maim; how punished.

23. Robbery, being armed.

24. Assault with intent to rob, being armed. 25. Robbing, not being armed.

MURDER.

SECTION 1. If any person shall purposely and of deliberate and premeditated malice, or in the perpetration, or attempt to perpetrate, any rape, robbery, arson, or burglary, or by administering poison, or causing the same to be done, kill another; every such person shall,

except as hereinafter specially provided, be deemed guilty of murder in the first degree, and, upon conviction thereof, shall suffer death.

SEC. 2. If any person shall purposely and maliciously, but without deliberation and premeditation, kill another, every such person shall be deemed guilty of murder in the second degree, and, upon conviction thereof, shall be imprisoned in the penitentiary during life.

MANSLAUGHTER.

SEC. 3. If any person shall unlawfully kill another, without malice, either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act, every such person shall be deemed guilty of manslaughter. Voluntary manslaughter shall be punished by confinement in the penitentiary not less than two nor more than twenty years. Involuntary manslaughter, by confinement, as aforesaid, not less than one nor more than ten years, or as a misdemeanor, in the discretion of the court.

SEC. 4. Every person deliberately assisting another in the commission of self-murder, or advising him thereto, shall be deemed guilty of manslaughter, and be punished by confinement in the penitentiary not less than one nor more than ten years.

SEC. 5. If the owner of a dangerous animal wilfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large or not confined, kill a human being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be deemed guilty of manslaughter, and be punished by confinement in the penitentiary not less than one nor more than five years.

DUELING.

SEC. 6. If any person, by previous agreement made within this District, fight a duel without the limits of the same, and, in so doing, inflict a mortal wound, he shall be deemed guilty of murder in the first degree within this District, and, on conviction thereof, shall suffer death.

SEC. 7. If any person, by like agreement, be the second of either party in such duel as is mentioned in the preceding section, and be present when such mortal wound is inflicted, he shall be deemed an accessory before the fact to the crime of murder in the first degree within this District, and, on conviction thereof, shall suffer death.

SEC. 8. If any person fight a duel with any deadly weapon, though no death ensue, or send or deliver to another a challenge, or message intended to be a challenge, oral or written, to fight with him a duel, he shall, on conviction thereof, though no duel ensue, be punished by imprisonment in the penitentiary for a term not exceeding five years, in the discretion of the court.

SEC. 9. If any person accept, or knowingly carry or deliver any such challenge or message, or the acceptance thereof, or advise, encourage, or promote such duel, whether such duel take place or not, he shall, on conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years, in the discretion of the court.

SEC. 10. If any person leave this District for the purpose of eluding the provisions of the Code respecting dueling or challenges to fight, and without the District engage in a duel, though no death ensue; or challenge another; or send or deliver a message intended to be a challenge to fight such duel; or accept, or knowingly carry or deliver any such challenge or message; or be present at the fighting of such duel with deadly weapons, as an aid, second, or surgeon; or advise, encourage, or promote such duel, he shall be deemed as guilty, and subject to the like punishment, as if the offence had been committed within this District.

SEC. 11. Every offender may plead a former conviction or acquittal for the same offence in any State or county, and the same, being established, shall be a bar to any further proceedings against such person, under preceding sections six, seven, and ten.

SEC. 12. If any person shall assault or beat another, or cause him to be assaulted or beaten, within the District of Columbia, for not fighting a duel with a deadly instrument, or for not sending or accepting a challenge to fight such duel; or shall post another; or, in writing or in print, use any contemptuous or reproachful language to or concerning another, for not fighting such a duel, or for not sending or accepting a challenge to fight such a duel, he shall be confined in jail not more than two years, and be fined not exceeding five hundred dollars.

POISONING AND ABORTION.

SEC. 13. If any person shall mingle any poison or destructive thing