GILES, District Judge,
delivered a short oral opinion, in which he concurred with the views of the district attorney, and decided that the offence was within the 5347th section of the Revised Statutes, notwithstanding the omission from the Revised Statutes of the 5th section of the act of 1825, which section he held to be declarative and for greater certainty, and overruled the demurrer.