submitted without argument, the prosecuting officer shall commence; the defendant or his counsel follow; and the prosecuting officer conclude the argument to the jury.

Fifth. The court may be called upon by either the prosecution or defence, at any time in the progress of the trial after the evidence is closed, to instruct the jury as to the law of the case.

SEC. 17. When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his defence, direct any one of the accused parties to be discharged, that he may be a witness for the United States. An accused party may, also, when there is not sufficient evidence to put him upon his defence, be discharged by the court, or, if not discharged by the court, shall be entitled to an immediate verdict, for the purpose of giving testimony for others accused with him. Such order of discharge shall be a bar to another prosecution for the same offence; and the same, or a verdict, may be had when the evidence in chief of the prosecution shall be closed, or afterwards.

SEC. 18. If a juror have personal knowledge of any fact material to the cause, he must declare it to the court, and not to his fellow jurors. out of court. If a juror declare a fact material to the cause to his fellow jurors, without the knowledge of the court and the accused, he may be punished as for a contempt. His fellow jurors, or any of them, shall be competent witnesses to establish such fact, and the same shall be good ground for a new trial, should the verdict be against the accused.

SEC. 19. When it shall appear at any time before verdict that a mistake has been made in charging the proper offence, the accused shall not be discharged if there appear to be good cause to detain him in custody; but the court must recognise him to answer to the offence, and, if necessary, recognise the witnesses to appear and testify.

SEC. 20. When a jury has been empanneled in a case contemplated by the preceding section, such jury may be discharged without prejudice to the prosecution.

SEC. 21. Upon an indictment for an offence consisting of different degrees, the jury may find the accused not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto or of an attempt to commit any such offence.

SEC. 22. In all other cases the accused may be found guilty of an offence the commission of which is necessarily included in that which is charged in the indictment.

SEC. 23. Counts for murder in the first and second degree and for manslaughter may be joined in the same indictment, and on the trial the accused may be convicted of either offence.

SEC. 24. An accused person is presumed to be innocent until the contrary is proved. Where there is a reasonable doubt whether his guilt is satisfactorily shown, he must be acquitted. Where there is · such a doubt in which of two or more degrees of an offence he is guilty, he may be convicted of the lowest degree only.

SEC. 25. The following persons shall be competent witnesses in all prosecutions:

1. All persons who are competent in civil actions, except the accused.

2. The party injured by the offence committed.

3. Accomplices, when they consent to testify.

SEC. 26. The provisions of chapter one hundred and fifteen, Part III of the Code, relating to documentary and other written evidence, shall apply, so far as the same are applicable, to criminal proceedings, as also shall the rules therein relating to presumptions of death, impeaching the credit of witnesses, and the examination of counsel as witnesses.

SEC. 27. In prosecutions for the offences of seduction, and abduction of females for the purpose of prostitution, no conviction shall be had on the evidence of the female offended against, unsupported by other evidence, but corroborating proof shall be required.

SEC. 28. Proof of actual penetration into the body shall be sufficient evidence to sustain a prosecution for rape or for the crime against

nature.

SEC. 29. When the jurors are permitted to separate after being empanneled, they must be admonished by the court that it is their duty not to converse among themselves, or suffer others to converse with them, on any subject connected with the trial, or to form or to express an opinion thereon, until the cause is finally submitted to them.

SEC. 30. After the arguments are concluded, and the instructions of the court upon the law, if any are asked, are received, the jury may decide immediately in court, or retire for deliberation. They may

retire under the charge of an officer sworn to keep them together in some private and convenient place, with such accommodations as the court shall order, and not permit any person to speak or communicate with them, nor do so himself, unless by order of the court, or to ask them whether they have agreed upon their verdict, and return them into court when they shall have agreed, or when it is ordered by the court. The officer shall not communicate to any person the state of their deliberations.

SEC. 31. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. In all cases the jury shall be unanimous in their opinion to render a verdict. Before the verdict is accepted the jury may be polled at the request of either the prosecution or defence.

SEC. 32. When it shall appear in any criminal case that the jury cannot agree on a verdict, or that there is other manifest necessity for their discharge, the court may order them to be discharged, and the accused may be arraigned again.

SEC. 33. Writs of error to judgments of the criminal court may be awarded as hereinbefore prescribed in section twenty-one, chapter seventy-five of the Code, and the proceedings thereon shall be as therein indicated.

SEC. 31. Any accused person aggrieved by an opinion, direction, or judgment of the criminal court in any case where a writ of error is allowed, may allege exceptions thereto, which, being reduced to writing in a summary mode, and presented to said court, and being found conformable to truth, shall be allowed and signed by said

court.

SEC. 35. All bills of exception in criminal causes must state clearly so much of the record, evidence, and proceedings as may be necessary for a fair ascertainment of the question reserved.

SEC. 36. All such bills of exception must be made out and presented to the judge at the time of the trial, or within such time thereafter during the term as the court may allow. The exception must be taken at the time of the decision.

SEC. 37. The prosecuting officer may except to any opinion of the court during the prosecution of the cause, and reserve the point of law for the decision of the circuit court, to be made at any time within two years from the date of the exception taken. The judge of the

criminal court, on receiving due notice, from the prosecuting officer, of his purpose to submit such reserved point to the decision of the circuit court, shall designate some competent member of the profession, whose duty it shall be to argue such point against the prosecuting officer, for which he shall receive a fee not to exceed one hundred dollars, to be fixed by said judge, and payable by the United States. In such proceedings the circuit court shall not be authorized to reverse the judgment of the criminal court, but only to pronounce an opinion upon the law involved in the point reserved, for the future guidance of said criminal court.

SEC. 38. A motion in arrest of a criminal judgment may be entertained and determined as at common law, subject to the provisions of Part IV of the Code.

SEC. 39. The criminal court shall have power to grant a new trial, for any cause for which, by law, a new trial may and ought to be granted.

CHAPTER 145.

OF JUDGMENTS IN CRIMINAL CASES, AND THE EXECUTION THEREOF.

SECTION 1. After a verdict of guilty, if judgment be not arrested, or a new trial granted, the court shall pronounce judgment.

SEC. 2. The prisoner must be present for the purpose of receiving judgment, in all cases punished in whole or in part by imprisonment.

SEC. 3. When the prisoner appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he have any legal cause to show why judgment should not be pronounced against him.

SEC. 4. If no such cause be alleged or appear to the court why judgment should not be pronounced, it shall thereupon be rendered. SEC. 5. In case of a conviction for an offence not punishable by death or imprisonment in the penitentiary, the court may, in addition to the punishment prescribed by law, require the prisoner to enter into a recognizance, with surety, in a reasonable sum, to keep the peace or be of good behavior, or both, for any time not exceeding two years, and to stand committed until he shall so recognise.

SEC. 6. In case of the breach of the condition of any such recognizance, the same proceedings shall be had thereon as are prescribed in chapter one hundred and forty-two.

SEC. 7. When any person convicted of an offence shall be sentenced to pay a fine or costs, or to be imprisoned in jail, the clerk of the court shall, as soon as may be, make out and deliver to the marshal, a transcript of the minutes of the court of such conviction and sentence, duly certified, which shall be a sufficient authority to the marshal for executing such sentence, and he shall execute the same without delay.

SEC. 8. When a person is sentenced to pay a fine and costs, the court may order him to be committed to jail until the same are paid.

SEC. 9. In every case in which the punishment of imprisonment in the penitentiary is adjudged against any convict, the form of the sentence shall be, that he be punished by imprisonment therein at hard labor.

SEC. 10. When any person shall be sentenced to imprisonment in the penitentiary, the clerk of the court shall make out a warrant, under the seal of the court, directed to the marshal, requiring him, as soon as may be, to cause such convict to be removed from the jail to the penitentiary; and the clerk shall also annex to the warrant a certified transcript of such conviction and sentence, and shall deliver the same to the marshal, who shall cause them to be transmitted to the warden, to the end that the warden may cause the warrant to be executed in the manner prescribed in the one hundred and fortyseventh chapter.