« ÎnapoiContinuă »
Philippine Islands, and to provide a more autonomous government for those islands," approved Avgust 29, 1916. So much of sections 4, 9, and 10 of'"An Act to provide for the
“ bringing of suits against the Government of the tinited States," approved March 3, 1887, as provides for a review by the Supreme Court on writ of error or appeal in the cases therein named.
So much of “An Act restricting in certain cases the right of appeal to the Supreme Court in habeas corpus proceedings,” approved March 10, 1908, as permits a direct appeal to the Supreme Court.
So much of sections 24 and 25 of the Bankruptcy Act of July 1, 1898, as regulates the mode of review by the Supreme Court in the proceedings, controversies, and cases therein named. So much of "An Act to provide a civil government for Porto
a Rico, and for other purposes," approved March 2, 1917, as permits & direct review by the Supreme Court of cases in the courts in Porto Rico.
So much of the Hawaiian Organic Act, as amended by the Act of July 9, 1921, as permits a direct review by the Supreme Court of cases in the courts in Hawaii.
So much of section 9 of the Act of August 24, 1912, relating to the government of the Canal Zone as designates the cases in which, and the courts by which, the judgments and decrees of the district court of the Canal Zone may be reviewed.
Sections 763 and 764 of the Revised Statutes.
An Act entitled "An Act amending section 764 of the Revised Statutes," approved March 3, 1885.
An Act entitled "An Act to prevent the abatement of certain actions," approved February 8, 1899.
An Act entitled "An Act to amend section 237 of the Judicial Code," approved February 17, 1922.
An Act entitled "An Act to amend the Judicial Code in referenca to appeals and writs of error," approved September 14, 1922.
All other Acts and parts of Acts in so far as they are embraced within and superseded by this Act or are inconsistent therewith.
Sec. 14. That this Act shall take effect three months after its approval; but it shall not affect cases then pending in the Supreme Court, nor shall it affect the right to a review, or the mode or time for exercising the same, as respects any judgment or decree entered prior to the date when it takes effect.
Approved, February 13, 1925.
(S. 1042] An Act To provide for the establishment of a probation system in the United States courts, except in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the courts of the United States having original jurisdiction of criminal actions, except in the District of Columbia, when it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public, as well as the defendant, will be subserved thereby, shall have power, after conviction or after a plea of guilty or nolo contendere for any crime or offense not punishable by death or life imprisonment, to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as they may deem best; or the court may impose a fine and may also place the defendant upon probation in the manner aforesaid. The court may revoke or modify any condition of probation, or may change the period of probation: Provided, That the period of probation, together with any extension thereof, shall not exceed five years.
While on probation the defendant may be required to pay in one or several sums a fine imposed at the time of being placed on probation and may also be required to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally responsible.
Sec. 2. That when directed by the court, the probation officer shall report to the court, with a statement of the conduct of the probationer while on probation. The court may thereupon discharge the probationer from further supervision and may terminate the proceedings against him, or may extend the probation, as shall seem advisable.
At any time within the probation period the probation officer may arrest the probationer without a warrant, or the court may issue a warrant for his arrest. Thereupon such probationer shall forth with be taken before the court. At any time after the probation period, but within the maximum period for which the defendant might originally have been sentenced, the court may issue a warrant and cause the defendant to be arrested and brought before the court. Thereupon the court may revoke the probation or the suspension of sentence, and may impose any sentence which might originally have been imposed.
SEC. 3. That the judge of any United States court having original jurisdiction of criminal actions, except in the District of Columbia, may appoint one or more suitable persons to serve as probation officers within the jurisdiction and under the discretion of the judge making such appointment or of his successor. All such probation officers
shall serve without compensation except that in case it shall appear to any such judge that the needs of the service require that there should be a salaried probation officer, such judge inay appoint one such officer and shall fix the salary of such officer_subject to the approval of the Attorney General in each case: Provided, That probation officers who are to receive salaries shall be appointed after competitive examination held in accordance with the laws and regulations of the civil service of the United States. Such judge may in his discretion remove any probation officer serving in his court. The appointment of probation officers shall be in writing and shall be entered on the records of the court of the judge making such appointment, and a copy of the order of appointment shall be delivered to the officer so appointed. Such court may allow any probation officer his actual expenses necessarily incurred in the performance of his duties. Such salary and expenses when duly approved shall be paid from the appropriations for the courts in which such officer serves.
Sec. 4. That it shall be the duty of a probation officer to investigate any case referred to him for investigation by the court in which he is serving and to report thereon to the court. The probation officer shall furnish to each person released on probation under his supervision a written statement of the conditions of probation and shall instruct him regarding the same. Such officer shall keep informed concerning the conduct and condition of each person on probation under his supervision and shall report thereon to the court placing such person on probation. Such officer shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvements in their conduct and condition. Each officer shall keep records of his work; shall keep accurate and complete accounts of all moneys collected from persons under his supervision; shall give receipts therefor, and shall make at least monthly returns thereof; shall make such reports to the Attorney General as he may at any time require; and shall perform such other duties as the court may direct. A probation officer shall have the power of arrest that is now exercised by a deputy marshal. Sec. 5. That this Act shall take effect immediately.
(H. R. 11946)
An Act To increase the clothing and cash gratuity furnished to persons discharged from prisons.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on the discharge from any prison of any person convicted under the laws of the United States on indictment he shall be furnished with transportation to the place of conviction or place of bona fide residence within the United States at the time of his commitment, under sentence of the court, or to such place within the United States as may be authorized by the Attorney General; and if the term of his imprisonment shall have been six months or more' he shall also be furnished with such suitable clothing as may be authorized by the Attorney General, and, in the discretion of the Attorney General, an amount of money not to exceed $20. For the furnishing of such clothing and money charge shall be made and allowed in the accounts of the said prison with the United States.
Approved, July 3, 1926.
(PUBLIC-No. 669–70TH CONGRESS)
(H. R. 7729)
An Act To divest goods, wares, and merchandise manufaa tured, produced, or mined by convicts or prisoners of their interstate character in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all goods, wares, and merchandise manufactured, produced, or mined, wholly or in part, by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal and/or reformatory institutions, except commodities manufactured in Federal penal and correctional institutions for use by the Federal Government, transported into any State or Territory of the United States and remaining therein for use, consumption, sale, or storage, shall upon arrival and
delivery in such State or Territory be subject to the operation and effect of the laws of such State or Territory to the same extent and in the same manner as though such goods, wares, and merchandise had been manufactured, produced, or mined'in şuch State or Territory, and shall not be exempt therefrom by reason of being introduced in the original package or otherwise.
Sec. 2. This Act shall take effect five years after the date of its approval. Approved, January 19, 1929.
[H. R. 4502)
An Act Declaring pistols, revolvers, and other firearms capa ble of being concealed on the person nonmailable and providing penalty.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That pistols, revolvers, and other firearms capable of being concealed on the person are hereby declared to be nonmailable and shall not be deposited in or carried by the mails or delivered by any postmaster, letter carrier, or other person in the Postal Service: Provided, That such articles may be conveyed in the mails, under such regulations as the Postmaster General shall prescribe, for use in connection with their official duty, to officers of the Army, Navy, Marine Corps, or officers' Reserve Corps; to officers of the National Guard or Militia of the several States, Territories, and Districts; to officers of the United States or of the several States, Territories, and Districts whose official duty is to serve process of warrants of arrest or mittimus of commitment; to employees of the Postal Service; and to watchmen engaged in guarding the property of the United States, the several States, Territories, and Districts: And provided further, That such articles may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postmaster General shall prescribe. Whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any, pistol, revolver, or firlarm, declared by this Act to be nonmailable, shall be fined not exceeding $1,000 or imprisoned not more than two years, or both.
SEC. 2. And be it further enacted that this Act shall take effect ninety days after its approval by the President of the United States. Approved, February 8, 1927.