Page:United States Statutes at Large Volume 49 Part 1.djvu/430

 74TH CONGR ESS. SESS. I. CHS. 265, 266. JUNE 17, 1935 . 385 poration 50 cents on each thousand dollars of the amount of capital stock of the corporation as set forth in its said certificate
 * Prov ide d,

Provisos. fee. however, That the fee so paid shall not be less than $50 : Provided further, That the recorder of deeds shall not file or record any cer- Amount of paid-in tifi cate of or ganiz ation of a ny in corpo ratio n unt il it has been prove d capital stock required . t o his satisfaction that all the cap ital stock of sa id company has be en subscribed for in good faith, and not less than 10 per centum of the par value of the stock has been actually paid in cash, and the money derived therefrom is then in the possession of the persons named as the first board of trustees." Approved, June 17, 1935 . [CHAPTER 266 .] AN ACT June 17, 1935. To amend an Act of Congress entitled "An Act to establish a Code of Law for	[s .2100.] the District of Columbia", approved March 3, 1901, as amended, by adding [Public, No. 150.] three new sections to be numbered 802 (a), 802 (b), and 802 (c), respectively . Be it enacted by the Senate and House of Representatives o f the United States of America in Congress assembled, That the Act of District of Columbia Congress entitled "An Act to est abli sh a Code of Law for the cede, amendments. Offenses ag ai nst the District of Columbia ", approved March 3, 1901, as amended, be per of'31, p. 1321 . furth er am ended by ad ding immedi ately follo wing sectio n 802 three new sections to be numbered 802 (a), 802 (b), and 802 (c), respectively . " SEC. 802 . (a) N EGLIGE NT HOM ICIDE .-Any person who, by the Neglige nt homicid e. operation of any vehicle at an immoderate rate of speed orina Punishment for. careless, rec kless, or neglig ent manner, but not willfully 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, Coroner's inquest. upon any inquisition taken before him which results in the jury fin ding that negli gent homic ide, as de fined here in, h as be en c ommit ted on the deceased, to require such witnesses as he thinks proper to a ne mo'n appear. give recognizance to appear and testify, or in default thereof to be committed to jail for appearance, in either the Supreme Court 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 . (b) NEGLIGENT HOMICIDE INCLUDED IN M ANSL AUG HTER Crime deemed in- cluded in manslaughter WHERE DEATH DUE TO OPERATION OF VEHICLE.-The crime of negligent where death due to op- homicide defined in section 802 (a) shall be deemed to be included era tio nof vehicle. withi n eve ry cr ime of mans laught er ch arged to ha ve bee n com mitted in the operation of any vehicle, and in any case where a defendant is charged with manslaughter committed in the operation of any vehicle, if the jury shall find the defendant not guilty of the crime of manslaughter such jury may, in its discretion, render a verdict of guilty of negligent homicide. " EC. 802. CC) IMM ODE RATE SP EED NOT DEPENDENT ON LEGAL RA TE Defi ning imm od- OF SPEED .-In any prosecution under sections 802 (a) or 802 (b) . erate speed . whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such vehicle." Approved, June 17, 1935 . 101019°-36	25