Page:United States Statutes at Large Volume 31.djvu/1393

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FIFTY-SIXTH CONGRESS. _ Sess. II. Ch. 854. 1901. 1341 assistants. All other criminal prosecutions shall be conducted in the —by United smesarr name of the United States and by the attorney for the United States mmei" for the District of Columbia.or his assistants. Sec. 933. lf in any case any question shall arise as to whether under ;,‘f,P,f(§i,,‘,§§’{’(l’(§f,‘jfu(f;“ the preceding section the prosecution should be conducted by the city` solicitor or by the attorney of the United States for the District of · Columbia, the presiding justice shall forthwith, either of his own motion or upon suggestion of the city solicitor or the attorne of the United States, certify the case to the court of appeals of the District of Columbia, which court shall hear and determine the question in a ° summary way. In every such case the defendant or defendants shall have the riglht to be heard in the court of appeals.The decision of such court s all be final. Sec. 93-L. Pinion or IMPRISONDIENT.——WhBH any person shall be m§,{*;00 0* “¤P0S0¤· sentenced to imprisonment for a term not exceeding six months the ` court may direct that such imprisonment shall be either in the workhouse or in the jail. \Vhen any person is sentenced for a term longer than six months and not longer than one year such imprisonment shall be in the jail, and where the sentence is imprisonment for more than one year it shall be in the penitentiary. Cumulative sentences aggregating more than one year shall be deemed one sentence for the purposes of the foregoing provision. When the punishment of an offense P'0000““0"· 0*0- may be imprisonment for more than one year the prosecution shall be I in the supreme court of the District. W'hen the maximum punishment is imprisonment for one year or less the prosecution may be in the police court. A Sec. 935. APPEALS BY UNITED STATES AND DISTRICT on COLUM· Gvvemrgentfvllvwed B1A.——In all criminal prosecutions the United States or the District of Zzuigsgtiiahg appeal Columbia, as the case may be, shall have the same right of appeal that is given to the defendant, including the right to a bill of exceptions: Provided, That if on such appeal it shall be found that there was error __§g_>g§<;· for d { nd in the rulings of the court during the trial, a verdict in favor of the antnottobeset%de: defendant shall not be set aside. ea — Sec. 936. CoMMUTAT1oN or P1NE.—In all cases in the District of ¤<>¤¤¤¤m¤i<>¤¤0f¤¤¢- Columbia where a defendant is sent to jail or to the workhouse in default of the payment of a fine he shall be released upon the payment of the balance of the fine due by him after crediting thereon as {paid an amount equal to the pro ortion the time thus served by him in the jailor workhouse bears to tlie whole time he was to serve under the sentence. Sec. 937. DEDUGTION Fon GOOD CONDUCT.—All persons sentenced c0*gg$,ggfi¤¤ ‘0’ good to and imprisoned in the jail or in the workhouse of the District of Columbia, and confined there for a term of one month or longer, who conduct themselves so that no charge of misconduct shall be sustained against them, shall have a deduction of five days in each month made from the term of their sentence and shall be entitled to their discharge so much the earlier upon the certificate of the warden of the jail for those confined in the jail and the certificate of the intendant of the \Vashington Asylum for those confined in the workhouse of their good conduct during their imprisonment (with the approval, of the judge making the commitment); and it shall be the uty of said judge to write or cause to be written in the docket of his court, across the face of the commitment of the person to be so discharged, the following words: “Discharged by order of the court (giving date) on account of good conduct during imprisonment? I Sec. 938. BArL.——Whenever a person .Ch&1` ed with crime is held to B8-it bail the court shall have power to allow a §eposit with the clerk of such court of money in the amount of the bail instead of requiring a bond or recognizance, and in case of default to declare. such deposit forfeited to the United States or the District of Columbia as the case may e. .