1. Conspiracy — Indictment—Construction.

An indictment alleging that defendants during all the times between , May 25, 1902, and the commission of the last overt act therein set forth continued to conspire together to defraud the United States of the title to Its public lands in the manner ail'd by tlie means agreed on between them on May 25, 1902, was no-t equivalent to a charge that defendants subsequent to that date entered into a new conspiracy to accomplish 1heir unlawful design, but was merely an allegation that the conspiracy formed on that day was never abandoned, but was in continuous operation thereafter until tlie date of the last overt act charged.

2. Same — Statutes—Construction.

Rev. St. § 5440 [U. S. Comp. St. 1901. p. 3070], provides 1hat, if two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner, and one or more of them do any act to effect the object of tlie conspiracy, all shall be liable to a penalty, etc. Held, that tlie offense defined by such section was a continuing one so long as it was in process of execution, as manifested by overt acts in pursuance thereof.

3. Cixtminat, Law — Limitations.

The crime denounced by such section consists in putting a corrupt agreement into active operation, and hence limitations run from the date of the last overt act committed for the purpose of completing the object of the conspiracy.

[Kd. Koto. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 275.]

4. Conspiracy — Several Prosecutions.

There can be but one prosecution for conspiracy in violation of Rev. St. § 5440 [U. S. Comp. St. 1901, p. 8676], regardless of tlie number of overt acts committed in pursuance thereof.