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of the United States, as well at the fuit of the Prifoners United States as at the fuit of any perfon or entitled perfons in civil actions, fhall be entitled to to the li like privileges of the yards or limits of the mits of gaols. respective gaols, as perfons confined in like cafes on process from the courts of the respective states, are entitled to, and under the like regulations and restrictions.

have an

oath of

them,

Sec. 2. And be it further enacted, That any Prifoners perfon imprisoned on process of execution in execuiffuing from any court of the United States tion may in civil actions, except at the fuit of the United States, may have the oath or affirma- infolvention hereinafter expreffed, administered to cy admihim by the Judge of the District Court of the iftered to United States, within whofe jurifdiction the debtor may be confined; and in cafe there shall be no District Judge refiding within twenty miles of the gaol wherein such debtor may be confined, fuch oath or affirmation may be adminiftered by any two perfons who may be commiffioned for that purpose by the District Judge: The creditor, his agent or attorney, if either live within one hundred miles of the place of imprisonment, or within the diftrict in which the judgment was rendered, having had at least thirty days previous notice by a citation ferved on him, iffued by the District Judge, to appear at the time and place therein mentioned, if he fee fit, to fhew caufe why the faid oath or affirmation fhould not be fo administered: At which time and place, if not fufficient caufe, in the opinion of the judge, (or the commiffioners appointed as aforefaid) be shewn, or doth from examination appear to the contrary, he or they may at the request of the debtor, proceed to administer to him the fol

fhall be

lowing oath or affirmation, as the cafe may be, viz. "You folemnly (fwear or affirm) that you have no eftate, real or perfonal in poffeffion, reverfion, or remainder, to the amount or value of thirty dollars, other than neceffary wearing apparel; and that you have not, directly or indirectly, given, fold, leased, or otherwife conveyed to, or intrufted any perfon or perfons with all or any part of the estate, real or perfonal, whereof you have been the lawful owner or poffeffor, with any intent to fecure the fame, or to receive or expect any profit or advantage therefrom, or to defraud your creditors, or have caufed or fuffered to be done any thing else whatsoever, whereby any of your creditors whereup- may be defrauded." Which oath or affirmaon they tion being administered, the judge or commiffioners fhall certify the fame under his or discharg their hands to the prifon-keeper, and the debtor fhall be discharged from his imprisonment. on fuch judgment, and shall not be liable to be imprisoned again for the faid debt, but the judgment shall remain good and fufficient in law, and may be fatisfied out of any estate which may then, or at any time afterProceed- wards, belong to the debtor. And the judge ings to be or commiffioners, in addition to the certificate by them made and delivered to the prifon-keeper, fhall make return of their doings court. to the District Court, with the commiffion, in cases where a commiffion hath been iffued, to be kept upon the files and record of the fame court. And the faid judge, or comthe judge miffioners, may fend for books and papers, and com- and have the fame authority as a court of miffion- record, to compel the appearance of witnesses, and administer to them, as well as to

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the debtor, the oaths or affirmations neceffary for the enquiry into, and discovery of the true ftate of the debtor's property, tranfactions and affairs.

Debtor

may be

Sec. 3. And be it further enacted, That when the examination and proceedings aforesaid, in the opinion of the faid judge or commif- removed fioners, cannot be had with fafety or conve- to facilinience in the prifon wherein the debtor is tate proceedings. confined, it shall be lawful for him or them, by warrant, under his or their hand and feals, to order the marfhal or prifon-keeper, to remove the debtor to fuch other place convenient and near to the prifon as he or they may fee fit; and to remand the debtor to the fame prifon, if upon examination or caufe fhewn by the creditor, it fhall appear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause.

Sec. 4. And be it further enacted, That if any perfon fhall falfely take any oath or af- Penalty firmation, authorized by this act, fuch perfon a falfe on taking fhall be deemed guilty of perjury, and upon oath orafconviction thereof, fhall fuffer the pains and firmation. penalties in that cafe provided. And in cafe any falfe oath or affirmation be so taken by the debtor, the court, upon the motion of the creditor, fhall recommit the debtor to the prifon from whence he was liberated, there to be detained for the faid debt, in the fame manner as if fuch oath or affirmation had not been taken.

Sec. 5. And be it further enacted. That any 30 days person imprisoned upon procefs iffuing from after any court of the United States, except at the judgment fuit of the United States, in any civil action, against whom judgment has been or fhall the beneVOL. V.

B

debtor

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fit of this be recovered, shall be entitled to the priviact, altho' leges and relief provided by this act, after no execu- the expiration of thirty days from the time fuch judgment has been or fhall be recover

tion is fu

ed out.

on certain

corref

ed, though the creditor fhould not, within that time, fue out his execution, and charge the debtor therewith.

THEODORE SEDGWICK,

Speaker of the House of Reprefentatives.
TH: JEFFERSON,

Vice-Prefident of the United States, and
Prefident of the Senate.

APPROVED-January 6th, 1800.

JOHN ADAMS,

Prefident of the United States.

CHAPTER V.

An ACT for the prefervation of peace with the

Indian tribes.

Sec. 1. BE it enacted by the Senate and House of
Representatives of the United States

of America, in Congress affembled, That if any Penalty, citizen or other perfon refiding within the United States, or the territory thereof, fhall pondence fend any talk, fpeech, meffage, or letter to with the any Indian nation, tribe, or chief, with an inIndians. tent to produce a contravention or infraction

on the

of any treaty or other law of the United States, or to disturb the peace and tranquillity of the United States, he fhall forfeit a fum not exceeding two thousand dollars, and be imprisoned not exceeding two years.

Sec. 2. And be it further enacted, That if any Penalty citizen or other perfon fhall carry or deliver bearers of any fuch talk, fpeech, meffage or letter, to or fuch cor- from any Indian nation, tribe, or chief, from refpond- or to any perfon or perfons whatsoever, re

ence.

fiding within the United States; or from or

to any fubject, citizen, or agent of any foreign power or ftate, knowing the contents thereof, he fhall forfeit a fum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

corref

dians

Sec. 3. And be it enacted, That if any citizen or other perfon, refiding or being among Penalty the Indians, or elsewhere, within the terri- on certain tory of the United States, fhall carry on a pondence correspondence, by letter or otherwife, with with a foany foreign nation or power, with an intent reign to induce fuch foreign nation or power, to power, in excite any Indian nation, tribe, or chief, to relation war against the United States, or to the vio- to the Inlation of any exifting treaty; or in cafe any and on citizen or other perfon fhall alienate, or at- attempttempt to alienate the confidence of the Indi- ing to alians from the government of the United States, their conor from any fuch perfon or perfons as are, or fidence. may be employed and entrusted by the Prefident of the United States, as a commiffioner or commiffioners, agent or agents, or in any capacity whatever, for facilitating or preferving a friendly intercourfe with the Indians, or for managing the concerns of the United States with them, he shall forfeit a fum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

enate

of a form

er act ap

Sec. 4. And be it further enacted, That the provifions of the act, intituled "An act to Certain regulate trade and intercourse with the Indi- provifions an tribes, and to preferve peace on the frontiers," paffed the third day of March, one plied to thousand seven hundred and ninety-nine, be, this. and the fame are hereby extended to carry into effect this act, and for the trial and punishment of offences against it, in the fame manner as if they were herein specially recited.

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