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[CHAPTER 117–3D SESSION)

(H. R. 8822)

AN ACT To extend original jurisdiction to district courts in civil suits between citizens

of the District of Columbia, the Territories of Hawaii or Alaska, and any State or Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (b) of paragraph (1), section 24, of the Judicial Code, as amended (U. S. C., 1934 edition, title 28, sec. 41; Supp. IV, title 28, sec. 41), be, and the same is hereby, amended to read as follows:

"(b) Is between citizens of different States, or citizens of the Dis. trict of Columbia, the Territory of Hawaii, or Alaska, and any State or Territory.” Approved, April 20, 1940.

(166)

(CHAPTER 176—30 SESSION)

(H. R. 9047]

AN ACT To provide for the transfer of United States prisoners in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any person confined in any penal or correctional institution pursuant to a judgment of conviction of an offense against the United States has been indicted or convicted of a felony in a court of record of any State, other than the State in which such person is confined, the Attorney General shall, if he finds it in the public interest to do so, upon the request of the Governor or the executive authority of such State, and upon the presentation of a certified copy of such indictment or judgment of conviction, cause such person to be transferred prior to his release to a penal or correctional institution situated within such State that is authorized to receive United States prisoners. In the event more than one such request is presented in respect to any prisoner, the Attorney General shall determine in his discretion which request should receive preference. The expense of personnel and transportation incurred in carrying out the provisions of this Act shall be chargeable to the appropriation for the "support of United States prisoners”.

SEC. 2. The term “indictment” as used in this Act shall include "information” and the term "indicted” shall include “informed against." The term “State" shall include the District of Columbia, but not Territories.

SEC. 3. Nothing in this Act shall be deemed to limit the authority of the Attorney General to transfer any prisoners pursuant to any other provision of law. Approved, April 30, 1940.

(CHAPTER 567-3D SESSION)

(H. R. 4828]

AN ACT To amend the law limiting the operation of statutes of limitations in certain cases,

Be it enacted by the Senate and House of Representatives of the ! United States of America in Congress assembled, That section 1 of

the Act entitled "An Act to limit the operation of statutes of limitations in certain cases", approved May 10, 1934 (48 Stat. 772; U.S. C., title 18, sec. 587), be, and it is hereby, amended to read as follows:

“That whenever an indictment is found defective or insufficient for any cause, after the period pri cribed by the applicable statute of limitations has expired, a new indictment may be returned not later than the end of the next succeeding regular term of such court, following the term at which such indictment was found defective or insufficient, during which a grand jury thereof shall be in session." Approved, July 10, 1940.

168)

(CHAPTER 227-3D SESSION)

(S. 2303]

AN ACT Authorizing the continuance of the Prison Industries Reorganization Adminis

tration, established by Executive Order Numbered 7194 of September 26, 1935, to June 30, 1941.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the duties and functions of the Prison Industries Reorganization Administration, established by Executive Order Numbered 7194 of September 26, 1935, are hereby continued until June 30, 1941.

SEC. 2. There is hereby authorized to be appropriated for the administrative expenses of the Administration an amount of $50,000 for the fiscal year 1941.

Approved, May 31, 1940.

(PUBLIC—No. 548–76TH CONGRESS]
(CHAPTER 241-30 SESSION)

(H. R. 7018)

AN ACT To amend section 289 of the Criminal Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 289 of the Criminal Code (U. S. C., title 18, sec. 468) be, and it is hereby, amended to read as follows:

“SEC. 289. Whoever, within the territorial limits of any State, organized Territory, or district, but within or upon any of the places now existing or hereafter reserved or acquired, described in section 272 of the Criminal Code (U. S. C., title 18, sec. 451), shall do or omit the doing of any act or thing which is not made penal by any laws of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or district in which such place is situated, by the laws thereof in force on February 1, 1940, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal, shall be deemed guilty of a like offense and be subject to a like punishment." Approved, June 6, 1940.

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(CHAPTER 254—3D SESSION)

(H. R. 9210)

AN ACT To amend an Act entitled “An Act to establish a Board of Indeterminate Sentenco

and 'Parole for the District of Columbia and to determine its functions, and for other purposes”, approved July 15, 1932, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled “An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes”, approved July 15, 1932, be, and the same is hereby, amended to read as follows:

"Sec. 2. The Board of Indeterminate Sentence and Parole shall, subject to the approval of the Commissioners of the District of Columbia, appoint an executive secretary, and parole officers, one of whom may be designated as the chief parole officer, and other employees, in such number as shall be appropriated therefor by Congress from time to time. It shall be the duty of such officers, subject to the discretion and control of said Board, to perform such duties and exercise such authority as the Board may direct. The salaries of said executive secretary, parole officers, and other employees shall be fixed in accordance with the Personnel Classification Act of 1923, as amended. Appropriations are hereby authorized for the payment of the salaries of said executive secretary, said parole officers, and other employees, the actual and necessary traveling expenses of the members of the Board, said executive secretary, and said parole officers, and all other necessary expenses incurred in the administration of this Act. Until appropriations as herein authorized are made therefor, all said salaries and expenses shall continue to be paid out of the appropriations for the penal institutions as now authorized by law."

Sec. 2. (a) Section 3 of said Act, approved July 15, 1932, is hereby amended to read as follows:

"SEC. 3. That hereafter, in imposing sentence on a person convicted in the District of Columbia of a felony, the justice or judge of the court imposing such sentence shall sentence the person for a maximum period not exceeding the maximum fixed by law and for a minimum period not exceeding one-third of the maximum sentence imposed, and any person so convicted and sentenced may be released on parole as herein provided at any time after having served the minimum sentence. Where the maximum sentence imposed is life imprisonment, a minimum sentence shall be imposed which shall not exceed fifteen years' imprisonment. Nothing in this Act shall abrogate the power of the justice or judge to sentence a convicted prisoner to the death penalty as now or hereafter may be provided by law."

(b) For any felony committed before this amendatory Act takes effect, the penalty, sentence, or forfeiture provided by law for such

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