father living to his descendants in equal degree equally; and if no father living or descendant from the father, then to the paternal ancestors and their descendants in the same manner as is above directed as to the maternal ancestors; and if the estate is or shall be vested in the intestate by purchase, and not derived from or through either of his ancestors, and there be no child or descendant of such intestate, then the estate shall descend to the brothers and sisters of such intestate of the whole blood, and their descendants, in equal degree equally; and if no brother or sister of the whole blood or descendants from such brother or sister, then to the brothers and sisters of the half blood, and their descendants, in equal degree equally; and if no brother or sister of the whole, or half blood, or any descendant from such brother or sister, then to the father; and if no father living, then to the mother; and if no mother living, then to the grandfather on the part of the father; and if no such grandfather living, then to the descendants of such grandfather in equal degree equally; and if no such grandfather, or any descendant from him, then to the grandfather on the part of the mother; and if no such grandfather, then to his descendants in equal degree equally, and so on without end, alternating the next male paternal ancestor and his descendants, and the next male maternal ancestor and his descendants, and giving preference to the paternal ancestor and his descendants; and if there be no descendants or kindred of the intestate as aforesaid to take the estate, then the same shall go to the husband or wife, as the case may be; and if the husband or wife be dead, then to his or her kindred in the like course as if such husband or wife had survived the intestate, and then had died entitled to the estate by purchase; and if the intestate has had more husbands or wives than one, and all shall die before such intestate, then the estate shall be equally divided among the kindred of the several husbands or wives in equal degree equally. Act of Maryland, 1786. Ch. 45.

Hawkers and Pedlars.

Any person who shall hawk, or carry about from place to place, in Washington City, any goods, wares, or merchandize, excepting such as are manufactured within the corporate limits of said city, selling, or offering the same for sale, without having previously paid the sum of fifty dollars, and obtained a license therefor from the corporation, shall for

feit and pay for every such offence, the sum of twenty dollars. Corp. Laws, 90.

Libel.

A libel in general is a malicious publication, in printing or writing, or by signs, pictures, or hieroglyphics, tending either to injure society generally, or to blacken the memory of one dead, or the reputation of one living, and expose him to public hatred, contempt, or ridicule. Whart. Crim. Law, 733. Christianity is a part of the common law of the land, and maliciously to revile it is indictable as a libel. Whart. Crim. Law, 736. 20 Pick. 206. 4 Black. Com. 60. Story's Miscel. Writings, 451.

Blasphemy against God, contumelious reproaches and profane ridicule of Christ or the Virgin Mary, or the Holy Scriptures, are libellous offences at the common law, whether uttered in words, writing, or otherwise. 11 Serg. & Rawle, 394. 8 Johnson, 290.

Any public show or exhibition which outrages decency, shocks humanity, or is contra bonos mores, is a libel. 3 Day's Cases, (Conn.) 103. 2 Stat. 791. In order to constitute a libel, it is not necessary that any thing criminal should be imputed to the party injured; it is enough if the writer has exhibited him in a ludicrous point of view; has pointed him out as an object of ridicule or disgust; and has, in short, done that which has a natural tendency to excite him to revenge. 2 Wils. 403. 3 Camp. 214. 5 Binn. 349.

If the matter be understood as scandalous, and is calculated to excite ridicule or abhorrence against the party intended, it is libellous, however it may be expressed. 5 East, 463. Chit. Cr. Law, 868.

It is a libel to print or write and publish these words, "He is a lying, slanderous rascal." Snowdon vs. Lindo, 1 Cranch, C. C. R. 569. Evidence which shows that a libel came to the hands of the person libelled, or to the hands of another person, who read it, will be a sufficient publication. 2 Serg. 581. 2 Camp. 142. 2 Salk. 698.

The transmission of a sealed letter by mail, containing libellous matter, is a sufficient publication, and the defendant in such case may be indicted for a publication either in the county in which the letter was mailed, or that to which it was directed. 5 Hump. 112. 1 Hawk. P. C. C. 73, S. 11. R. vs. Burdett, 4 B. & A. 95. A publication, though defamatory, yet if written bona fide, or in confidence, or with a

view of investigating a fact in which the party making it is interested, is not a libel. 4 B. & Ald. 871.

A person has a right to communicate to any other any information he is possessed of, in a matter in which they have a mutual interest. T. C. & P. 680.

It is an admitted rule of English and American law, that the truth of the libel is not admissible in evidence or justification. 3 Greenl. Ev. 164. 2 Kent. Com. 19, 24. 4 B. & Ald. 95. 9 C. & C. 65. Douglas, R. 387. The publisher of a libel is liable to be punished criminally, by fine and imprisonment in the common jail of the district, at the discretion of the Court; and is also subject to an action on the case for damages by the party aggrieved, and both remedies. may be pursued at the same time. 2 Clutty's Crim. Law, 875. Holt on Libels. Starkie on Slander and Libels. Harr. Dig. Case 1.

Threatening Letters.

Sending threatening letters to persons for the purpose of extorting money, is a misdemeanor at common law, and punishable with fine and imprisonment in the common jail, at the discretion of the Court. Hawk. B. 1, C. 53. 2 Russ. on Crimes, 575. 4 Blk. Com. 126.

To be indictable, the threat must be of a nature calculated to overcome an ordinarily firm and prudent person. The party who makes a threat, or who menaces destruction or injury to the life, person or property of another, may be held to bail for his good behavior. Com. Dig. Battery, (D.) 13 Vin. Ab. 357.

Frauds and Perjuries.

Fraud is any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either in the misrepresentation, or concealment, of a material fact.

Fraud avoids a contract ab initio, both in law and in equity, whether the object be to deceive the public, or third persons, or one party endeavor thereby to cheat the other. 1 Fond. Tr. Equity. Bl. R. 465. Douglas, R. 450. 3 Bur. R. 1909. The Statute 29 Car. 2 C. 3, commonly called the Statute of Frauds and Perjuries, is of force in this district, except the part relating to the jurisdiction of the Ecclesias

tical Courts; and also wherein it has been superseded by the testamentary laws, and certain other modifications, which provides inter alia, that no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate; or to charge any person upon any special promise to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements or hereditaments; or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. Author's Appendix to Shep. Touchstone. Also Appendix to 2 Ev. Rob. on Frauds.

Extortion

Is the unlawful taking by any officer, by color of his office, any money or thing of value that is not due him, or more than is due, or before it is due; and is punishable with forfeiture of office, (either consequential or immediate,) fine and imprisonment in the common jail of the district, at the discretion of the Court. 4 Bl. Com. 141. Hawk, P. C. Ch. 68. 1 Russ. Cr. 144.

To constitute extortion, there must be the receipt of money or something of value; the taking a promissory note, which is void, is not sufficient to make an extortion. 2 Mass. R. 523. Co. Litt. 168. Co. Litt. 168. 1 Yeates, 71.

Duelling.

If any person shall, in the District of Columbia, challenge another to fight a duel, or shall send or deliver any written or verbal message, purporting or intended to be such challenge, or shall accept any such challenge or message, or shall knowingly carry or deliver any such challenge or message, or shall knowingly carry or deliver an acceptance of such challenge or message, to fight a duel in or out of the said district, and such duel shall be fought in or out of the said district, and either of the parties thereto shall be slain or mortally wounded in such duel, the surviving party to

such duel, and every person carrying or delivering such challenge or message, or acceptance of such challenge or message as aforesaid, and all others aiding or abetting therein, shall be deemed guilty of felony, and upon conviction thereof, in any Court competent to the trial thereof, in the said district, shall be punished by imprisonment and confinement to hard labor in the penitentiary, for a term not exceeding ten years, in the discretion of the Court.

If any person shall give or send, or cause to be given or sent, to any person in the District of Columbia, any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever; or if any person in said district shall accept any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall be the bearer of any such challenge, every person so giving or sending, or causing to be given or sent, or accepting such challenge, or being the bearer thereof, and every person aiding or abetting in the giving, sending, or accepting such challenge, shall be deemed guilty of a high crime and misdemeanor, and on conviction thereof, in any court competent to try the same, in said district, shall be punished by imprisonment and confinement to hard labor in the penitentiary, for a term not exceeding five years, in the discretion of the Court. Act of Congress, February 20, 1839; Stat. at Large, Vol. 5, 318. And by Sec. 6, of the said act, it is provided that any person offending against the provisions thereof, may be a competent witness against any other person offending in the same transaction, and may, at the discretion of the court, be compelled to give evidence before any grand jury, or on any trial in court; but the person so testifying shall not thereafter be liable to prosecution for the same matter, nor shall the testimony so given be used against him in any case whatsoever.

Slaves.

The Act of Maryland of 1796, Chap. 67, and Act of Maryland of 1797, Chap. 15, concerning the importation of slaves, are in force in the District of Columbia, although in terms they are applicable only to the State of Maryland; by which any slave brought into said district, for sale, or to reside therein, shall thereupon, immediately be free. Provided that any citizen of the United States, coming into said district, with a bona fide intention of settling therein,