« ΠροηγούμενηΣυνέχεια »
have an oath of
of the United States, as well at the suit of the Prisoners United States as at the suit of any perfon or entitled persons in civil actions, shall be entitled to to the lilike privileges of the yards or limits of the
gaols. respective gaols, as persons confined in like cases on process from the courts of the refpective states, are entitled to, and under the like regulations and restrictions.
Sec. 2. And be it further enacted, That any Prisoners person imprisoned on process of execution in execuiffuing from any court of the United States tion may in civil actions, except at the suit of the United States, may have the oath or affirma- infolvention hereinafter expressed, administered to cy admihim by the Judge of the District Court of the nistered to Unite. States, within whose jurisdiction the debtor may be confined ; and in case there fhall be no District Judge residing within twenty miles of the gaol wherein such debtor may be confined, such oath or affirmation may be administered by any two persons who may be commissioned for that purpose by the Ditrict Judge: The creditor, his agent or attorney, if either live within one hundred miles of the place of imprisonment, or within the district in which the judgment was rendered, having had at least thirty days previous notice by a citation served on him, illued by the District Judge, to appear at the time and place therein mentioned, if he fee fit, to thew cause why the said oath or affirmation should not be so administered : At which time and place, if not fufficient cause, in the opinion of the judge, (or the commissioners appointed as aforesaid) 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.
lowing oath or affirmation, as the case may be, viz. “ You folemnly (swear or affírm) that you have no estate, real or perfonal in poffeffion, reversion, or remainder, to the amount or value of thirty dollars, other than necessary wearing apparel ; and that you have not, directly or indirectly, given, fold, leased, or otherwise conveyed to, or intrufted any person or persons with all or any part of the estate, real or personal, whereof you have been the lawful owner or poffeffor, with any intent to secure the same, or to receive or expect any profit or advantage therefrom, or to defraud your creditors, or have caused or suffered 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 com
missioners shall certify the same under his or discharg- their hands to the prison-keeper, and the deb
tor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt, but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time after.
wards, belong to the debtor. And the judge ings to be or commissioners, in addition to the certifi
cate by then made and delivered to the prison-keeper, shall make return of their doings to the District Court, with the commission, in cases where a commission hath been issued, to be kept upon the files and record of the
same court. And the said judge, or comthe judge
missioners, may send for books and papers, and com- and have the same authority as a court of million- record, to compel the appearance of wit
filed in district
nesses, and administer to them, as well as to
the debtor, the oaths or affirmations necefsary for the enquiry into, and discovery of the true state of the debtor's property, transactions and affairs.
Sec. 3. And be it further enacted, That when the examination and proceedings aforesaid, in the opinion of the said judge or commis- reinoved sioners, cannot be had with safety or conve- to facilinience in the prison wherein the debtor is
. confined, it shall be lawful for him or them, ceedings. by warrant, under his or their hand and feals, tó order the marshal or prison-keeper, to remove the debtor to such other place convenient and near to the prison as he or they may fee fit ; and to remand the debtor to the same prison, if upon examination or cause shewn by the creditor, it shall 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 person shall falsely take any oath or af. Penalty firmation, authorized by this act, such person a false
on taking fhall be deemed guilty of perjury, and upon oathorafconviction thereof, shall suffer the pains and firmation. penalties in that case provided. And in cale any false oath or affirmation be so taken by the debtor, the court, upon the motion of the creditor, shall recommit the debtor to the prifon from whence he was liberated, there to be detained for the faid debt, in the same manner as if such oath or affirmation had not been taken. Sec.
And be it further enacted, That any 30 days person imprisoned upon process issuing from after any court of the United States, except at the judgment suit of the United States, in any civil action, against whom judgment has been or shall the beneVOL. V.
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
such judgment has been or shall be recovered, though the creditor should not, within that time, fue out his execution, and charge the debtor therewith.
Speaker of the House of Representatives.
President of the Senate.
President of the United States.
Representatives of the United States of America, in Congress assembled, That if any Penalty citizen or other person residing within the
United States, or the territory thereof, shall correspondence send any talk, speech, message, or letter to with the any Indian nation, tribe, or chief, with an inIndians. 'tent to produce a contravention or infraction
of any treaty or other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit a sum 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 person shall carry or deliver bearers of any such talk, speech, message or letter, to or such cor- from any Indian nation, tribe, or chief, from respond- or to any person
or to any person or persons whatsoever, residing within the United States; or from or
with a fo
to the Indians
to any subject, citizen, or agent of any foreign power or state, knowing the contents thereof, he shall forfeit a fum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.
Sec. 3. And be it enacted, That if any citizen or other person, residing or being among Penalty the Indians, or elsewhere, within the terri- on certain tory of the United States, shall carry on a
pondence correspondence, by letter or otherwise, with any foreign nation or power, with an intent reign to induce such foreign nation or power, to power, in excite any Indian nation, tribe, or chief, to relation war against the United States, or to the violation of any existing treaty; or in case any and on citizen or other person shall alienate, or at- attempt. tempt to alienate the confidence of the Indi- ing to alians from the government of the United States, their conor from any such person or persons as are, or fidence. may be employed and entrusted by the Prefident of the United States, as a commissioner or commissioners, agent or agents, or in any capacity whatever, for facilitating or preserving a friendly intercourse 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.
Sec. 4. And be it further enacted, That the provisions of the act, intituled “ An act to certain regulate trade and intercourse with the Indi- provisions an tribes, and to preserve peace on the frontiers," passed the third day of March, one plied to thousand seven hundred and ninety-nine, be, this. and the same are hereby extended to carry into effect this act, and for the trial and punishment of offences against it, in the same manner as if they were herein specially recited.
of a forni.
er act ap