857a-3101. Forcible entry and detainer (D. C. Code 22-3101).—Whoever shall forcibly enter upon any premises, or, having entered without force, shall unlawfully detain the same by force against any person previously in the peaceable possession of the same and claiming right thereto, shall be punished by imprisonment for not more than one year or a fine of not more than one hundred dollars, or both. Sec. 851, act of Mar. 3, 1901 (31 Stat. 1327).

857a-3108. Cutting down or destroying things growing on the land of another (D. C. Code 22-3108).-Whoever maliciously cuts down or destroys by girdling or otherwise, any standing or growing vine, bush, shrub, sapling, or tree on the land of another, or severs from the land of another any product standing or growing thereon, or any other thing attached thereto, shall, if the value of the thing destroyed or the amount of damage done to any such thing or to the land is $50 or more, be imprisoned for not less than one year nor more than three years, or, if such value or amount is less than that sum, shall be fined not less than $5 nor more than $100, or be imprisoned not more than one year, or both. Sec. 847, act of Mar. 3, 1901 (31 Stat. 1327); act of Aug. 12, 1937 (50 Stat. 629).

857a-3112. Destroying or defacing buildings, statues, monuments, offices, dwellings, and structures (D. C. Code 22–3112).—It shall not be lawful for any person or persons to wilfully or wantonly destroy, injure, disfigure, cut, chip, break, deface, or cover or rub with or otherwise place filth or excrement of any kind upon any property, public or private, in the District of Columbia, or any public or private building, statue, monument, office, dwelling or structure of any kind, or which may be in course of erection, or the doors, windows, steps, railing, fencing, balconies, balustrades, stairs, porches, or halls, or the walls or sides, or the walls of any inclosure thereof; or to write, mark, or paint obscene or indecent words or language thereon, or to draw, paint, mark, or write obscene or indecent figures representing obscene or indecent object; or to write, mark or draw, or paint any other word, sign, or figure thereon, without the consent of the owner or proprietor thereof, or, in case of public property, of the person having charge, custody, or control thereof, under penalty of a fine not to exceed one hundred dollars, or imprisonment not to exceed six months, or both such fine and imprisonment. Sec. 1, act of July 29, 1892 (27 Stat. 322); act of July 8, 1898 (30 Stat. 723); act of Apr. 21, 1906 (34 Stat. 126).

857a-3204. Carrying concealed weapons (D. C. Code 22-3204).-No person shall within the District of Columbia carry concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor issued as hereinafter provided, or any deadly or dangerous weapon. Sec. 4, act of July 8, 1932 (47 Stat. 651); act of Nov. 4, 1943 (57 Stat. 586).

857a-3212. Alteration of identifying marks of weapons prohibited (D. C. Code 22-3212).-No person shall within the District of Columbia change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark or identification on any pistol, machine gun, or sawedoff shotgun. Possession of any pistol, machine gun, or sawed-off shotgun upon which any such mark shall have been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same within the District of Columbia: Provided, however, That nothing contained in this section shall apply to any officer or agent of any of the departments of the United States or the

District of Columbia engaged in experimental work. Sec. 12, act of July 8, 1932 (47 Stat. 653).

857a-3215. Unauthorized use, etc., of dangerous weapons; penalty (D. C. Code 22-3215).—Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both. Sec. 15, act of July 8, 1932 (47 Stat. 654).

857b-401. Place of imprisonment; cumulative sentences; jurisdiction of prosecutions (D. C. Code 24–401).—When any person shall be 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. When 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 may be imprisonment for more than one year the prosecution shall be in the District Court of the United States for the District of Columbia. When the maximum punishment is a fine only or imprisonment for one year or less the prosecution may be in the police court. Sec. 934, act of Mar. 3, 1901 (31 Stat. 1341).

857c-402. Uniform Narcotic Drug Act; acts declared unlawful (D. C. Code 33-402). It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this chapter. Sec. 2, act of June 20, 1938 (52 Stat. 787).

857c-403. Uniform Narcotic Drug Act; manufacturers and wholesalers; license required (D. C. Code 33-403).—No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Board of Pharmacy. Licenses shall be issued for a period of one year and may be renewed for a like period. A fee of $10 shall be paid to the Board of Pharmacy for any license so issued or renewed. The said Board of Pharmacy is authorized to have printed such licenses as may be necessary and to be paid for out of the money collected by it for the issuance of licenses. At the close of each fiscal year any funds unexpended in excess of the sum of $100 shall be paid into the Treasury of the United States to the credit of the District of Columbia. Sec. 3, act of June 20, 1938 (52 Stat. 787).

857c-420. Uniform Narcotic Drug Act; fraudulent representations ( D. C. Code 33-420).-(a) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug, (1) by fraud, deceit, misrepresentation, or subterfuge; or (2) by the forgery or alteration of a prescription or of any written order; or (3) by the concealment of a material fact; or (4) by the use of a false name or the giving of a false address.

(b) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.

(c) No person shall wilfully make a false statement in any prescription, order, report, or record, required by this chapter.

(d) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person. (e) No person shall make or utter any false or forged prescription or false or forged written order.

(f) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.

(g) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 33--410, in the same way as they apply to transactions under all other sections. Sec. 20, act of June 20, 1938 (52 Stat. 795).

857c-423. Uniform Narcotic Drug Act; penalties (D. C. Code 33-423).— Any person violating any provision of this chapter or of any regulation made by the Board of Pharmacy under authority of said sections, shall upon conviction be punished, for the first offense, by a fine of not less than $100 nor more than $1,000, or by imprisonment for not exceeding one year, or by both such fine and imprisonment, and for any subsequent offense by a fine of not less than $500 nor more than $5,000, or by imprisonment for not exceeding ten years, or by both such fine and imprisonment. Sec. 23, act of June 20, 1938 (52 Stat. 796).

857d-605. Speeding and reckless driving (D. C. Code 40-605).-(a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this chapter.

(b) Any person who drives any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

(c) Any individual violating any provision of this section where the offense constitutes reckless driving shall upon conviction for the first offense be fined not more than $250 or imprisoned not more than three months, or both; and upon conviction for the second or any subsequent offense committed within two years from the date of any such previous offense such individual shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(d) Any individual violating any provision of this section, except where the offense constitutes reckless driving, shall, upon conviction thereof, be fined not more than $300 or be imprisoned not more than ninety days. Sec. 9, act of Mar. 3, 1925 (43 Stat. 1123); sec. 5, act of July 3, 1926 (44 Stat. 814); sec. 4, act of Feb. 27, 1931 (46 Stat. 1427); act of June 24, 1936 (49 Stat. 1901); sec. 1, act of Nov. 25, 1942 (56 Stat. 1023).

857d-606. Negligent homicide (D. C. Code 40-606).-Any person who, by the operation of any vehicle at an immoderate rate of speed or in a careless, reckless, or negligent manner, but not wilfully or wantonly, shall cause the death of another, shall be guilty of a misdemeanor, and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000 or both.

It shall be the duty of the coroner of the District of Columbia, upon any inquisition taken before him which results in the jury finding that negligent homicide, as defined herein, has been committed on the deceased, to require such witnesses as he thinks proper to give recognizance to appear and testify, or in default thereof to be committed to jail for appearance,

in either the District Court of the United States for the District of Columbia, or the police court of the District of Columbia, and the coroner shall return to either said court the said inquisition, testimony, and recognizance or order by him taken or given. Sec. 802(a) added to act of Mar. 3, 1901, by act of June 17, 1935 (49 Stat. 385).

857d-609. Fleeing from scene of accident; driving under influence of liquor or drugs (D. C. Code 40-609).—(a) Any person operating a vehicle, who shall injure any person therewith, or who shall do substantial damage to property therewith and fail to stop and give assistance, together with his name, place of residence, including street and number, and the name and address of the owner of the vehicle so operated, to the person so injured, or to the owner of such property so damaged, or to the operator of such other vehicle, or to any bystander who shall request such information on behalf of the injured person, or, if such owner or operator is not present, then he shall report the information above required to a police station or to any police officer within the District immediately. In all cases of accidents resulting in injury to any person, the operator of the vehicle causing such injury shall also report the same to any police station or police officer within the District immediately.

Any operator whose vehicle causes personal injury to an individual and who fails to conform to the above requirements shall, upon conviction of the first offense, be fined not more than $500, or shall be imprisoned not more than six months, or both; and upon the conviction of his second or subsequent offense, shall be fined not more than $1,000, or shall be imprisoned not more than one year, or both.

Any operator whose vehicle causes substantial damage to any other vehicle or property and fails to conform to the above requirements, shall, upon conviction of the first offense, be fined not more than $100, or be imprisoned not more than thirty days, or both; and for the second or any subsequent offense, be fined not more than $300, or be imprisoned not more than ninety days, or both.

(b) No individual shall, while under the influence of any intoxicating liquor or narcotic drug, operate any vehicle in the District. Any individual violating any provision of this subdivision shall upon conviction for the first offense be fined not more than $500 or imprisoned not more than six months, or both; and upon conviction for the second or any subsequent offense be fined not more than $1,000 or imprisoned not more than one year, or both. Upon conviction of a violation of any provision of this paragraph involving the operator of a motor vehicle the clerk of the court shall certify forthwith such conviction to the designated agent of the commissioners who shall thereupon revoke the operator's permit of such individual.

(c) Any violation of any provision of law or regulation issued thereunder which is repealed or amended by this Act, and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal or amendment, be prosecuted to the same extent as if this Act had not been enacted. Sec. 10, act of Mar. 3, 1925 (43 Stat. 1124); sec. 4, act of Feb. 27, 1931 (46 Stat. 1427); act of Dec. 15, 1944 (58 Stat. 805).

Burial expense:

CHAPTER 16

DECEASED PERSONS

Estates of deceased Army personnel, 863.

Native employees in foreign countries, Transportation of remains, families, and ef859a. fects; civilian officers and employees, 863a.

Veterans of any war, 861.

Death gratuity, 862.

Effects of persons dying subject to military

law, 862a.

859a. Burial expense; native employees in foreign countries.-That the head of any executive department, which maintains permanent staffs of employees in foreign countries is hereby authorized to pay out of any appropriation available to the department concerned for miscellaneous or contingent expenses, burial expenses, and expenses in connection with last illness and death, not in excess of $100 in any one case, of the native employees of such department in those countries with respect to which the Secretary of State shall determine it is customary for employers to pay such expenses; and the head of any executive department, which maintains permanent staffs of employees in foreign countries where such custom does not exist, is authorized, upon finding that the immediate family of the deceased is destitute, to make such payments within the limitations prescribed above to the family, heirs-at-law, or persons responsible for the debts of the deceased, as the officer in charge of the office abroad in which the deceased was employed shall determine to be proper. Act of July 15, 1939 (53 Stat. 1043); 5 U. S. C. 118f.

861. Burial expense; veterans of any war.

I. Where an honorably discharged veteran of any war, or a person honorably discharged from the United States Army, Navy, Marine Corps, or Coast Guard after serving at least one enlistment or for disability incurred in line of duty, dies after discharge, a flag to drape the casket shall be furnished in all cases; such flag to be given to the next of kin after burial of the veteran.

II. Where an honorably discharged veteran of any war, a veteran of any war in receipt of pension or compensation, a veteran discharged from the Army, Navy, Marine Corps, or Coast Guard for disability incurred in line of duty, or a veteran of the Army, Navy, Marine Corps, or Coast Guard in receipt of pension for service-connected disability dies after discharge, the Administrator, in his discretion and with due regard to the circumstances in each case, shall pay, for burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $100 to cover such items and to be paid to such person or persons as may be prescribed by the Administrator. The Administrator may, in his discretion, make contracts for burial and funeral services within the limits of the amount herein allowed without regard to the laws prescribing advertisement for proposals for supplies and services for the Veterans' Administration. No deduction shall be made from the burial allowance because of any contribution from any source toward the burial and funeral (including transportation) unless the amount of expenses incurred is covered