disobey or resist the lawful orders of the master or other officer of such ship or vessel, 3 March 1835. or to refuse or neglect their proper duty on board thereof, or to betray their proper trust therein; or shall assemble with others in a tumultuous and mutinous manner; or make a riot on board thereof; or shall unlawfully confine the master, or other commanding officer thereof; 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. (a) Ibid. 23. crews of vessels 46. If any master or other officer of any American ship or vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, Maltreating shall from malice, hatred or revenge, and without justifiable cause, (b) beat, wound or imprison any one or more of the crew (c) of such ship or vessel, or withhold from them suitable food and nourishment, or inflict upon them any cruel and unusual punishment ;(ɖ) 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. (e) 9 Stat. 73. 47. If any captain, or other officer or mariner, of a ship or vessel on the high seas, or 8 Aug. 1846 3 5 any other waters within the admiralty and maritime jurisdiction of the United States, shall piratically or feloniously run away with such ship or vessel, or any goods or mer- Piratically running away with chandise on board such ship or vessel to the value of fifty dollars, or yield up such ship vessels, or yieldor vessel voluntarily to any pirate; every such person so offending shall be deemed guilty tarily to pirates. of felony, and, on conviction thereof, shall be punished by fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both, according to the nature and aggravation of the offence.(g) ing them volun 9 Stat. 175. be deemed 48. Any subject or citizen of any foreign state, who shall be found and taken on the 3 March 1847 2 1. sea, making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing When aliens to between the United States and the state of which such person is a citizen or subject, pirates. when by such treaty such acts of such persons are declared to be piracy, may be arraigned, tried, convicted and punished before any circuit court of the United States for the district into which such person may be brought, or shall be found, in the same manner as other persons charged with piracy may be arraigned, tried, convicted and punished in said courts. 9 Stat. 441. ing to destroy 49. Any person not being an owner, who shall, on the high seas, wilfully, with intent 29 July 1850 87. to burn or destroy, set fire to any ship or other vessel, or otherwise attempt the destruction of such ship or other vessel, being the property of any citizen or citizens of the Wilfully attempt United States, or procure the same to be done, with the intent aforesaid, and being vessels at sea. thereof lawfully convicted, shall suffer imprisonment to hard labor, for a term not exceeding ten years, nor less than three years, according to the aggravation of the offence.(h) 11 Stat. 250. the high seas 50. If any person or persons upon the high seas, or in any arm of the sea, or in any 3 March 1857 ? 1. river, haven, creek, basin or bay, within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular state, shall unlawfully and wilfully, but Manslaughter on without malice aforethought, strike, stab, wound or shoot at any other person, of which where the party striking, stabbing, wounding or shooting, such person shall afterwards die upon land, dies on land. within or without the United States, every person so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of the crime of manslaughter; and upon conviction thereof, shall be punished as is hereinafter provided. Ibid. ? 2. manslaughter. 51. If any person upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay, within the admiralty jurisdiction of the United States, and out of Attempts to com the jurisdiction of any particular state, shall attempt to commit the crime of murder or mit murder or manslaughter, by poisoning, drowning or strangling another person, or by any means not constituting the offence of an assault with a dangerous weapon; such offender, upon conviction thereof shall be punished by imprisonment, with or without hard labor, for a period not exceeding three years, and a fine not exceeding one thousand dollars, at the discretion of the court. thereto. United States v. Cutler. 1 Curt. C. C. 501-2. It does not prohibit all corporal punishment. Ibid. 516. (c) This includes the officers. United States v. Winn, 3 Sumn. 209. See United States v. Cassedy, 2 Ibid. 582. (d) Flogging is not a cruel and unusual punishment, within the meaning of this act; for it had not been abolished at the time of its passage. If now inflicted, the defendant should be indicted for beating and wounding the seaman. United States v. Collins, 2 Curt. C. C. 194. (e) For forms of indictments under this act, see Whart. Prec (g) For forms of indictment, see Whart. Prec. 2 1070-5. 3 March 185723 Punishment of manslaughter. Ibid. 4. Repealing sec tion. 30 April 1790 15. 1 Stat. 115. Stealing or falsi fying records. Ibid. 18. ornation. 52. The crime of manslaughter, as provided for by this act, and all other acts heretofore passed, shall be punished by imprisonment, with or without hard labor, for a period not exceeding three years, and a fine not exceeding one thousand dollars, at the discretion of the court. 53. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed: Provided however, That this repeal shall not affect any act done before, or any prosecution pending at the time of the passage of this act; but all such acts shall be indictable and punishable, and all such prosecutions shall be proceeded with as the same would have been indictable and punishable, and proceeded with if this act had not been passed. V. OFFENCES AGAINST PUBLIC JUSTICE. 54. If any person shall feloniously steal, take away, alter, falsify or otherwise avoid any record, writ, process or other proceedings in any of the courts of the United States, by means whereof any judgment shall be reversed, made void or not take effect, or if any person shall acknowledge or procure to be acknowledged in any of the courts aforesaid, any recognisance, bail or judgment, in the name or names of any other person or persons not privy or consenting to the same, every such person or persons, on convietion thereof, shall be fined not exceeding five thousand dollars, or be imprisoned not exceeding seven years, and whipped not exceeding thirty-nine stripes. (a) Provided nevertheless, That this act shall not extend to the acknowledgment of any judgment or judgments by any attorney or attorneys, duly admitted for any person or persons against whom any such judgment or judgments shall be had or given. 55. If any person shall wilfully and corruptly commit perjury, or shall by any means Perjury and sub- procure any person to commit corrupt and wilful perjury, on his or her oath or affirmation in any suit, controversy, matter or cause depending in any of the courts of the United States, (b) or in any deposition taken pursuant to the laws of the United States, every person so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding eight hundred dollars, and shall stand in the pillory (e) for one hour, and be thereafter rendered incapable of giving testimony in any of the courts of the United States, until such time as the judgment so given against the said offender shall be reversed. Ibid. 19. Requisites of indictment for perjury. Ibid. 2 20. Requisites of indictment for subornation. Ibid. 21. Bribery. 56. In every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath or affirmation was taken, (averring such court, or person or persons to have a competent authority to administer the same), together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration or any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed. 57. In every presentment or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration or any part of any record or proceeding, either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed. 58. If any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment or delivery of any money, present or reward, or any other thing to obtain or procure the opinion, judgment or decree of any judge or judges of the United States, in any suit, controversy, matter or cause depending before him or them, and shall be thereof convicted, (d) such person or persons so giving, promising, contracting or securing to be given, paid or delivered, any sum or sums of money, present, reward or other bribe as aforesaid, and the judge or judges who shall in anywise accept or receive the same, on conviction thereof shall be fined and imprisoned at the discretion of the court; and shall for ever be disqualified to hold any office of honor, trust or profit, under the United States. 59. If any person or persons shall knowingly and wilfully obstruct, resist or oppose (e) any officer of the United States, in serving or attempting to serve or execute any mesne (a) See supra, 23. Ibid. 22. (b) United States v. Clark, 1 Gall. 497. Extended, infra, 62, to every case, matter, hearing or other proceeding, in which an oath or affirmation is required to be taken or administered, under any law of the United States. of the writ, by threats of violence, which it is in the power of the party to enforce. United States v. Lowry, 2 W. C. C. 169. And if the defendant resists the execution of process for his arrest, by refusing to accompany the officer, it is not necessary, to complete the offence, that he should use or threaten violence. United States v. Lukins, 3 Ibid. 335. Any obstruction to the free action of the officer, or bis lawful assistants, wilfully placed in his or their way, for the purpose of thus obstructing him, or them, is sufficient. 2 Curt. C. C. 639. process or warrant, or any rule or order of any of the courts of the United States, or 30 April 1790. any other legal (a) or judicial writ or process whatsoever, (b) or shall assault, beat or Obstruction of wound any officer, or other person duly authorized, in serving or executing any writ, process. rule, order, process or warrant aforesaid; every person so knowingly and wilfully offending in the premises, shall, on conviction thereof, be imprisoned not exceeding twelve months, and fined not exceeding three hundred dollars.(c) Ibid. § 23. 60. If any person or persons shall by force set at liberty or rescue any person who shall be found guilty of treason, murder or any other capital crime, or rescue any person Rescuing prison convicted of any of the said crimes, going to execution, or during execution, every person ers. so offending and being thereof convicted, shall suffer death. And if any person shall by force set at liberty or rescue any person who before conviction shall stand committed for any of the capital offences aforesaid; or if any person or persons shall by force set at liberty, or rescue any person committed for or convicted of any offence against the United States; every person so offending shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not exceeding one year. 4 Stat. 118. 61. If any officer of the United States shall be guilty of extortion, under or by color 3 March 1825 3 12. of his office, every person so offending shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment, not exceeding one year, accord- Extortion. ing to the aggravation of the offence. 62. If any person, in any case, matter, hearing or other proceeding, when an oath or Ibid. & 13. affirmation shall be required to be taken or administered under or by any law or laws of Perjury and sub the United States, (d) shall, upon the taking of such oath or affirmation, knowingly and ornation. willingly swear or affirm falsely, every person so offending shall be deemed guilty of perjury, (e) and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence. And if any person or persons shall knowingly or willingly procure any such perjury to be committed, every person so offending shall be deemed guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence. 4 Stat. 488. 63. If any person or persons shall, corruptly, or by threats or force, endeavor to influ- 2 March 1831 ¿ 2. ence, intimidate or impede any juror, witness (g) or officer in any court of the United States, in the discharge of his duty, or shall, corruptly, or by threats or force, obstruct Corruptly influ encing jurors, &c or impede, or endeavor to obstruct or impede, the due administration of justice therein, every person or persons so offending shall be liable to prosecution therefor, by indict- Or obstructing ment, and shall, on conviction thereof, be punished by fine, not exceeding five hundred tion of justice. dollars, or by imprisonment, not exceeding three months, or both, according to the nature and aggravation of the offence. the administra 10 Stat. 170. Destroying or 64. Any person who shall wilfully and knowingly destroy, or attempt to destroy, or 26 Feb. 1853 2 4. with intent to steal or destroy, shall take and carry away any record, paper or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any carrying away paper or document or record, filed or deposited in any public office, or with any judicial records, &c. or public officer, shall, without reference to the value of the record, paper, document or proceeding so taken, be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thousand dollars, or suffer imprisonment in a penitentiary, not exceeding three years, or both, as the court in its discretion shall adjudge. Ibid. 25. 65. Any officer having the custody of any record, document, paper or proceeding specified in the last preceding section of this act, who shall fraudulently take away, or By officers cf withdraw, or destroy any such record, document, paper or proceeding filed in his office courts. or deposited with him, or in his custody, shall be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thousand dollars, or suffer imprisonment in a penitentiary not exceeding three years, or both, as the court in its discretion shall adjudge, and shall forfeit his office and be for ever afterwards disqualified from holding any office under the government of the United States. (a) An indictment under this section, must show by proper averments that the process was legal. United States v. Stowell, 2 Curt. C. C. 153. See form of indictment in Whart. Prec. 2 885. (b) It embraces every legal process whatsoever, whether issued by a court in session. or by a judge, or magistrate, or commissioner, acting in the due administration of any law of the United States. United States v. Lukins. 3 W. C. C. 335. 7 Law Rep. 212. And it is no justification that the defendants were subordinate officers of the militia of a state, and acted under the sanction of a law of the state, and under orders from the governor and commander-in-chief of the militia of the state. United States v. Bright, Pamph. 193-4. 8. C., Brightly, 27-8. (c) By act 2 March 1833 3 2. the punishment herein provided, is extended to the offence of dispossessing or attempting to dispos Bess or rescue, any property taken or detained by any officer or other person under authority of any revenae law of the United States, or aiding or assisting therein. 4 Stat. 633. For form of indictment. see Whart. Prec. 3 885. (d) This, being a general law, applies to all subsequent cases which come within it. United States v. Nihols, 4 McLean. 23. But the oath must be required by law or by usage, sanctioned by the court or a department of the government, to make it perjury. The act applies to oaths made in behalf of claims against one of the departments. United States v. Babcock, Ibid. 113. (e) See forms of indictments, Whart. Prec. 578, 580. It must conclude against the form of the statute, or it is bad. United States v. Andrews, 2 Paine. 451. (g) See precedent of an indictment for corruptly endeavoring te influence a witness. Whart. Prec. § 600. 2 March 17992 88. 1 Stat. 695. Bribery of cus tom house officers. Perjury. 2 March 1803 21. 2 Stat. 209. Forgery of sea letters, passports 3 March 1813213. 2 Stat. 811. Forgery, &c., of evidence of citizenship. 1 March 1823 23. 3 Stat. 771. 30 Aug. 1842 19. 5 Stat. 565. Smuggling. 26 Feb. 1853 6. 10 Stat. 171. bers of congress. VI. OFFENCES AGAINST SOCIETY. 66. If any officer of the customs shall directly or indirectly take or receive any bribe, reward or recompense, for conniving, or shall connive at any false entry of any ship or vessel, or of any goods, wares or merchandise, and shall be convicted thereof, every such officer or other person shall forfeit and pay a sum not less than two hundred, nor more than two thousand dollars for each offence; and any person giving or offering any bribe, recompense or reward for any such deception, collusion or fraud, shall forfeit and pay a sum not less than two hundred dollars, nor more than two thousand dollars, for each offence; and in all cases where an oath or affirmation is by this act required from a master or other person having the command of a ship or vessel, or from an owner or consignee of any goods, wares or merchandise, his, her or their factor or agent, and generally whenever an oath or affirmation is required from any person or persons whatsoever, by virtue of this act, if the person so swearing or affirming shall swear or affirm falsely, such person shall, on indictment and conviction thereof, be liable to the same pains and penalties prescribed for persons convicted of wilful and corrupt perjury. 67. If any person shall knowingly make, utter or publish any false sea letter, Mediterranean passport or certificate of registry, or shall knowingly avail himself of any such Mediterranean passport, sea letter or certificate of registry, he shall forfeit and pay a sum not exceeding five thousand dollars, to be recovered by action of debt, in the name of the United States, in any court of competent jurisdiction; and if an officer of the United States, he shall for ever thereafter be rendered incapable of holding any office of trust or profit, under the authority of the United States. 68. If any person (a) shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, any certificate or evidence of citizenship referred to in this act; or shall pass, utter or use as true, any false, forged or counterfeited certificate of citizenship, or shall make sale or dispose of any certificate of citizenship to any person other than the person for whom it was originally issued, and to whom it may of right belong, every such person shall be deemed and adjudged guilty of felony; and on being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three, or more than five years, or be fined in a sum not less than five hundred dollars, nor more than one thousand dollars, at the discretion of the court taking cognisance thereof. 69. If any person shall swear or affirm falsely, touching the expenditure of public money, (b) or in support of any claim against the United States, (c) he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury. 70. If any person shall knowingly and wilfully, with intent to defraud the revenue of the United States, smuggle or clandestinely introduce into the United States any goods, wares or merchandise, subject to duty by law, and which should have been invoiced, without paying or accounting for the duty, or shall make out, or pass, or attempt to pass, through the custom house, any false, forged or fraudulent invoice, every such person, his, her or their aiders and abettors, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five thousand dollars, or imprisoned for any term of time not exceeding two years, or both, at the discretion of the court. 71. If any person or persons shall, directly or indirectly, promise, offer or give, or cause or procure to be promised, offered or given, any money, goods, right in action, Bribery of mem- bribe, present or reward, or any promise, contract, undertaking, obligation or security for the payment or delivery of any money, goods, right in action, bribe, present or reward, or any other valuable thing whatever, to any member of the senate or house of representatives of the United States, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any officer of the United States, or Or public officers. person holding any place of trust or profit, or discharging any official function under, or in connexion with, any department of the government of the United States, or under the senate or house of representatives of the United States, after the passage of this act, with intent to influence his vote or decision on any question, matter, cause or proceeding which may then be pending, or may by law, or under the constitution of the United States, be brought before him in his official capacity, or in his place of trust or profit, and shall be thereof convicted, such person or persons so offering, promising or giving, or causing or procuring to be promised, offered or given any such money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation or (a) This section is general in its character, and is not confined to seamen employed in the public or private vessels of the United States. United States v. Randolph, Pittsburgh Leg. J., 4 June 1853. (b) False swearing touching the expenditure of public money, must have been with a fraudulent intent to deceive, and thereby obtain the expenditure of the public funds. It is not necessary that the money should be actually expended. United States v. Atkins, 9 Law Rep. 95. (c) This embraces an affidavit taken before a state magistrate, authorized to administer oaths, in pursuance of a regulation, or in conformity with a regulation of the treasury department, under which the affidavit would be admissible evidence in support of a claim against the United States, and perjury may be assigned thereon. United States v. Bailey, 9 Pet. 238. security for the payment or delivery of any money, goods, right in action, bribe, present 26 Feb. 1853. or reward, or other valuable thing whatever; and the member, officer or person who shall Accepting bribes. in anywise accept or receive the same, or any part thereof; shall be liable to indictment as for a high crime and misdemeanor in any court of the United States having jurisdiction for the trial of crimes and misdemeanors; and shall, upon conviction thereof, be fined not exceeding three times the amount so offered, promised or given, and imprisoned in a penitentiary not exceeding three years; and the person convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit as aforesaid, shall forfeit his office or place; and any person so convicted under this section shall for ever be disqualified to hold any office of honor, trust or profit, under the United States. 11 Stat. 250. ence to the pub 72. In all cases where any oath, affirmation or affidavit shall be made or taken before 3 March 1857 8 5. any register or receiver, or either or both of them, of any local land office in the United States or any territory thereof, or where any oath, affirmation or affidavit, shall be made Perjury in referor taken before any person authorized by the laws of any state or territory of the United lic lands. States to administer oaths or affirmations, or take affidavits, and such oaths, affirmations or affidavits are made, used or filed in any of said local land offices, or in the general land office, as well in cases arising under any or either of the orders, regulations or instructions, concerning any of the public lands of the United States, issued by the commissioner of the general land office, or other proper officer of the government of the United States, as under the laws of the United States, in any wise relating to or affecting any right, claim or title, or any contest therefor, to any of the public lands of the United States, and any person or persons shall, taking such oath, affirmation or affidavit, knowingly, wilfully, or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offence by the laws of the United States. VII. OFFENCES RELATING TO THE COIN. 4 Stat. 121. Counterfeiting or uttering counter coin. 73. If any person or persons shall falsely make, forge or counterfeit, or cause or pro- 3 March 1825 2 20. cure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any coin, in the resemblance or similitude of the gold or silver coin, which has been, or hereafter may be, coined at the mint of the United feit gold or silver States ;(a) or in the resemblance or similitude of any foreign gold or silver coin which by law now is, or hereafter may be made current in the United States; (b) or shall pass, utter, publish or sell, or attempt to pass, utter, publish or sell, or bring into the United States; (c) from any foreign place, with intent to pass, utter, publish or sell, as true, any such false, forged or counterfeited coin, knowing the same to be false, forged or counterfeited, with intent to defraud any body politic or corporate, or any other person or persons whatsoever; every person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. Ibid. 21. 74. If any person or persons shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely Counterfeiting or uttering counter making, forging or counterfeiting any coin, in the resemblance or similitude of any feit copper coin. copper coin which has been, or hereafter may be, coined at the mint of the United States; or shall pass, utter, publish or sell, or attempt to pass, utter, publish or sell, or bring intc the United States, from any foreign place, with intent to pass, utter, publish or sell, as true, any such false, forged or counterfeited coin, with intent to defraud any body politic or corporate, or any other person or persons whatsoever; every person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labor, not exceeding three years. 75. If any of the gold or silver coins which shall be struck or coined at the mint of Ibid. 24. the United States, shall be debased or made worse, as to the proportion of fine gold or Debasing the fine silver therein contained, or shall be of less weight or value than the same ought to coin. be, pursuant to the several acts relative thereto, through the default or with the connivance of any of the officers or persons who shall be employed at the said mint, for the purpose of profit or gain, or otherwise, with a fraudulent intent, (d) and if any of the said officers or persons (e) shall embezzle any of the metals which shall, at any time, be com (a) To sustain a conviction. it must appear that it was the intention of the party, in making such coin. fraudulently to pass them as genuine. United States v. King, 5 McLean, 208. And see United States v. Burns, Ibid. 23. United States v. Brown, 4 Ibid. 142. United States v. Morrow, 4 W. C. C. 733. For forms of indictment, see Whart. Prec. 336-43. (b) The head pistareen and small parts of the Spanish dollar are not made current by law; but the counterfeiting of them is punishable under the act of 1806, infra, 76. United States v Gardner, 10 Pet. €18. (c) The punishment of this offence is within the constitutional powers of congress. United States v. Marigold. 9 How. 560. (d) For form of indictment, see Whart. Prec. 348. (e) This does not apply to a clerk or servant employed in the mint, who has nothing to do with the metals in relation to coinage, if he feloniously take the money of the government after it is coined and set apart for use. Such act is a larceny indictable in the state courts. Commonwealth e. Hutchinson, 2 Pars, 384. And see United States v. Hutchinson, 7 Peun. L. J. 365. |