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PRISONERS AND THEIR TREATMENT. Sec.
Sec. 5409, allowing prisoners to escape.
5543. Deductions from term of imprisonment for 5410. Application of preceding section.
good conduct. 5536. Expenses for prisoners to be paid by the 5544. Application of preceding section. United States.
5545. Actual reasonable cost of subsisting prison5537. Places of confinement.
ers to be paid. 5538. Marshal to make provision for safe-keeping 5546. Designation of penitentiary by Attorney. of prisoners.
General. 5539. United States convicts in State penitenti 5547. Attorney-General to contract for subsistaries.
ence, &c. 5540. Selection of a penitentiary where a judicial 5548. Court may order sentences executed in house district is divided.
of correction. 5541. Sentences to imprisonment for more than a 5549. Confinement of juvenile offenders. year, where to be executed.
5550. Attorney-General to contract for their sub5542. Penitentiary sentences, where to be exe
sistence, &c. cuted.
Deduction from term of sentence.
Clothes and money on discharge. SEC. 5409. Whenever any marshal, deputy marshal, ministerial officer, Title 70, Chap. 4. or other person, has in his custody any prisoner by virtue of process Allowing nrise issued under the laws of the United States by any court, judge, or com-oners to escape. missioner, and such marshal, deputy marshal, ministerial officer, or other person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both.
Sec. 5410. The preceding section shall be construed to apply not only Application of to cases in which the prisoner who escaped was charged or found guilty precedi ng secof an offense against the laws of the United States, but also to cases in tion. which a prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition.
Sec. 5536, All the expenses attendant upon the transportation from Title 70, Chap. 9. place to place, and upon the temporary or permanent confinement of
Expenses for persons arrested or committed under the laws of the United States, as prisoners to be well as upon the execution of any sentence of a court thereof respecting paid by the Unit. them, sball be paid out of the Treasury of the United States in the ed States. manner provided by law.
Sec. 5537. In a Siate where the use of jails, penitentiaries, or other Places of conhouses is not allowed for the imprisonment of persons arrested or com- finement. mitted under the authority of the United States, any marshal in such State, under the direction of the judge of the district, may bire, or otherwise procure, within the limits of such State, a convenient place to serve as a temporary jail.
SEC. 5538. The marshal shall make such other provision as he may Marshal to deem expedient and necessary for the safe-keeping of the prisoners ar
ma ke provision
for safe-keeping rested or committed under the authority of the United States, until of prisoners. permanent provision for that purpose is made by law.
SEC. 5539. Whenever any criminal, convicted of any offense against United States the United States, is imprisoned in the jail or penitentiary of any State convicts in State
penitentiaries. or Territory, such criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the courts of the State or Territory in which such jail or penitentiary is situated; and while so confined therein shall be exclusively under the control of the officers having charge of the same, under the laws of such State or Territory. Sec. 5540. Where a judicial district has been or may hereafter be Selection of a
penitentiary divided, the circuit and district courts of the United States shall have
ve where a judicial power to sentence any one convicted of an offense punishable by innpris- district is divid. onment at hard labor to the penitentiary within the State, though it be ed. out of the judicial district in which the conviction is bad.
Sec. 5541. In every case where any person convicted of any offense Sentences to against the United States is sentenced to imprisonment for a period imprisonment for longer tban one year, the court by which the sentence is passed may more than a year,
where to be exeorder the same to be executed in any State jail or penitentiary witbin cuted. the district or State where such court is held, the use of which jail or penitentiary is allowed by the legislature of the State for that purpose.
SEC. 5542. In every case where any criminal convicted of any offense Penitentiary against the United States is sentenced to imprisonment and confinement sentences, where
to be executed. to hard labor, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any State jail or penitentiary within the district or State where such court is held, the use of which jail or penitentiary is allowed by the legislature of the State for that purpose.
Doductions SEC. 5543. All prisoners who have been, or may be, convicted of any from term of im. offense against the laws of the United States, and contined in any State prisonmeporiail or penitentiary in execution of the judgment upon such conviction. good conduct.
who so conduct themselves that no charge for misconduct is sustained against them, shall have a deduction of one month in each year inade from the term of their sentence, and shall be entitled to their discharge so much the sooner, upon the certificate of the warden or keeper of such jail or penitentiary, with the approval of the Attorney-General. [See
March 3, 1875, post.] · Application of Sec. 5544. The preceding section, however, shall apply to such prispreceding sec-oners only as are confined in jails or penitentiaries where no credits for tion.
good behavior are allowed; but, iu other cases, all prisoners now or hereafter confined in the jails or penitentiaries of any State for offenses against the United States, shall be entitled to the same rule of credits for good behavior applicable to other prisoners in the same jail or peni
tentiary. Actual reason. Sec. 5545. Hereafter there shall be allowed and paid by tbe Attorneyable cost of sub- General, for the subsistence of prisoners in the custody of any marshal sisting prisoners of the United States and the warden of the jail in the District of to be paid.
Columbia, such sum only as it reasonably and actually cost to subsist them. And it shall be the duty of the Attorney-General to prescribe such regulations for the government of the marsbals and the warden of the jail in the District of Columbia, in relation to their duties under this chapter, as will enable him to determine the actual and reasonable
expense incurred. Designation of SEC. 5546. All persons who have been, or who may hereafter be, conpenitentiary by victed of crime, by any court of the United States, whose punishment Attorney-Gene. is imprisonment, in a district or Territory where, at the time of conral.
viction, there may be no penitentiary or jail suitable for the confinement of convicts, or available therefor, sball be contined during the term for which they have been or may be sentenced in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the marshal of the d strict or Territory where the conviction has occurred; and if the conviction be had in the District of Columbia, in such case the transportation and delivery shall be by the warden of the jail of that District; the reasonable actual expense of transportation, necessary subsistence and bire, and transportation of guards and the marsbal, or the warden of the jail in the District of Columbia, only, to be paid by the Attorney-General, out of the judiciary fund. But if, in the opinion of the AttorneyGeneral, the expense of transportation from any Srate, Territory, or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintaining them in jail in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to contine them therein for the period designated in their respective
sentences. Attorney-Gene. SEC. 5547. The Attorney-General shall contract with the managers or ral to contract for proper authorities having control of such prisoners, for the imprisonsubsistence, &c. ment, subsistence, and proper employment of them, and shall give the
court having jurisdiction of such offenses notice of the jail or peniten
tiary where such prisoners will be confined. Court may or
. SEC. 5548. Whenever any person is convicted of any offense against der sentences the United States which is punishable by fine aud imprisonment, or by executed in either, the court by which the sentence is passed may order the sentence
rec- to be executed in any house of correction or house of reformation for tion.
juvenile delinquents within the State or district where such court is held, the use of which is authorized by the legislature of the State for
such purpose. Confinement of
ent of SEC. 5549. Juvenile offenders against the laws of the United States, javenile o ffend. being under the age of sixteen years, and who may hereafter be con
victed of crime, the punishment whereof is imprisonment, shall be confined during the term of sentence in some bouse of refuge to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such house of refuge by the marshal of the district where such conviction has occurred; or if such conviction be had in the District of Columbia, then the transportation and delivery shall be by the warden of the jail of that district, and the reasonable actual expense of the transportation, necessary subsistence, and hire, and trausportation of assistants and the marshal or warden, only, shall be paid by the Attorney-General, out of the judiciary fund.
SEC. 5550. The Attorney-General shall contract with the managers Attorney-G enor persons having control of such houses of refuge for the imprisonment. eral to contract
3 for their subsistsubsistence, and proper employment of all such juvenile offenders, and
openders and ence, &c. shall give the several courts of the United States and of the District of Columbia notice of the places so provided for the confinement of such offenders; and they shall be sentenced to confinement in the house of refuge nearest the place of conviction so designated by the AttorneyGeneral. An act to provide for deductions from the terms of sentence of United States prisoners.
Be it enacted by the Senate and House of Representatives of the United March 3, 1875. States of America in Congress assembled, That all prisoners who have Deductions been, or shall hereafter be, convicted of any offence against the laws of from terms of the United States, and confined, in execution of the judgment or sen- sentence of cer; tence upon such conviction, in any prison or penitentiary of any State tain United
States prisoners. or Territory which has no system of commutation for its own prisoners, shall have a deduction from their several terms of sentence of five days in each and every calendar month during which no charge of misconduct shall have been sustained against each severally, who shall be discharged at the expiration of his term of sentence less the time so deducted, and a certificate of the warden or keeper of such prison penitentiary of such Certificate of deduction shall be entered on the warrant of commitment: Provided, warden. That, if during the term of imprisonment the prisoner shall commit any Remissions an. offence for which he shall be convicted by a jury, all remissions thereto- nulled by new of. fore made shall be thereby annulled.
term. SEC. 2. That on the discharge from any prison of any person convicted Clothes and under the laws of the United States on indictment, he or she shall be money furnished provided by the warden or keeper of said prison with one plain suit of to prisoneron disclothes and five dollars in money, for which charge shall be made and charge. allowed in the accounts of said prison with the United States: Provided, Proviso. That this section shall not apply to persons sentenced for a term of imprisonment of less than six months.
Approved, March 3, 1875.
[See article 7, “Government of the Navy," paragraph 18, relative to allowing naval prisoners to escape; also, section 1575, LOST VESSELS, as to pay and emoluments of prisoners of war taken by an enemy.]
565. Prize causes after appeal.
ernment. 4625. Proceedings for adjudication where property
is not sent in. 4626. Delivery of property on stipulation. 4627. When property may be sold. 4628. Mode of making sale. 4629. Transfer of property to another district for
sale. 4630. Share of captors. 4631. Distribution of proceeds to captors. 4632. What vessels are entitled to share. 4633. What officers are entitled to share. 4634. Determination of shares.
4635. Bounty for persons on board vessels sunk or
destroyed. 4636. Appeals and amendments in prize-cases. 4637. Powers of district court after appeal. 4638. Security for costs. 4639, Costs and expenses. 4640. Payment of expenses from prize-fund. 4641. Payment of prize-money. 4642. Distribution of bounty, salvage, &o. 4643. Assignments, &c., of prize-money and bounty. 4644. Accounts of clerks of district courts. 4645. Allowances and commissions to marshals. 4646. Compensation of district attorney and prize
commissioners. 4647. Accounts of district attorney and prize-com
Art. 15. Transmission of prize-lists.
vessels before condemned as prize.
SEC. 565. Any district court may, notwithstanding an appeal to the Title 13, Chap. 3. Supreme Court, in any prize cause, make and execute all necessary orders May proceed in for the custody and disposal of the prize property, and, in case of an ap- prize causes after peal from a decree of condemnation, may proceed to make a decree of appeal. distribution, so far as to determine wbat share of the prize shall go to the captors, and what vessels are entitled to participate therein.
Title 13, Chap. 18. SEC. 1006. The Supreme Court may, if, in its judgment, the purposes Amendments in ndments in of justice require it, allow any amendment, either in form or substance,
Jus prize appeals of any appeal in prize causes. [See Ø 4636.1 Appeals in prize SEC. 1009. Appeals in prize causes shall be made within thirty days causes, within after the rendering of the decree appealed from, unless the court prewhat time.
viously extends the time, for cause shown in the particular case : Provided, That the Supreme Court may, if in its judgment the purposes of justice require it, allow an appeal in any prize cause, if it appears that any notice of appeal, or of intention to appeal, was filed with the clerk of the district court within thirty days next after the rendition of the final decree therein. [See Ø 695, SUPREME COURT, and ý 4636.]
Title 54. SEC. 4613. The provisions of this Title shall apply to all captures made
as prize by authority of the United States, or adopted and ratified by the Application of provisions of President of the United States. Title.
What are ves. SEC. 4614. The term “vessels of the Navy," as used in this Title, shall sels of the Navy. include all armed vessels officered and manned by the United States, and
under the control of the Department of the Navy. Duties of com. SEC. 4615. The commanding officer of any vessel making a capture manding officer shall secure the documents of the ship and cargo, including the log-book, upon making cap- with all other documents, letters, and other papers found on board, and
make an inventory of the same, and seal them up, and send them, with the inventory, to the court in which proceedings are to be bad, with a written statement that they are all the papers found, and are in the condition in which they were found; or explaining the absence of any doc,uments or papers, or any change in their condition. He sball also send to such court, as witnesses, the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national character, or destination of the prize. He shall send the prize, with the documents, papers, and witnesses, under charge of a competent prize-master and prize-crew, into port for adjudication, explaining the absence of any usual witnesses, and in the absence of instructions from superior authority as to the port to which it shall be sent, be shall select such port as he shall deem most convenient, in view of the interests of probable claimants, as well as of the captors. If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, a survey shall be had thereon and av appraisement made by persons as competent and impartial as can be obtained, and their reports shall be sent to the court in which proceedings are to be had ; and such property, unless appropriated for the use of the Government, shall be sold by the authority of the commanding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject
to its order in the cause. [See Ø 1624, Art. 15, page 229.] Statement of SEC. 4616. If any vessel of the United States shall claim to share in a claim to share in
e ill prize, either as having made the capture, or as having been within sigual prize.
distance of the vessel or vessels making the capture, the commanding officer of such vessel shall make out a written statement of his claim, with the grounds on which it is founded, the principal facts tending to show wbat vessels made the capture, and what vessels were within signal distance of those making the capture, with reasonable particularity as to times, distances, localities, and signals made, seen, or answered ; and such statement of claim shall be signed by him and sent to the
court in which proceedings shall be had, and shall be filed in the cause. Duties of prize- SEC. 4617. The prize-master shall make his way diligently to the semaster,
lected port, and there immediately deliver to a prize-commissioner the documents and papers, and the inventory thereof, and make affidavit that they are the same, and are in the same condition as delivered to him, or explaining any absence or change of condition therein, and that the prize-property is in the same condition as delivered to him, or explaining any loss or damage thereto; and he shall further report to the district-attorney and give to him all the information in his possession Jespecting the prize and her capture; and he shall deliver over the persons sent as witnesses to the custody of the marshal, and shall retain the prize in his custody until it shall be taken therefrom by process from the
prize-court. [See Ø 5441.] Libel and pro.* SEC. 4618. Upon receiving the report of the prize-master directed by ceedings by
obydis. the preceding section, the attorney of the United States for the district irict attorney.
shall immediately file a libel against such prize property, and sball forthwith obtain a warrant from the court, directing the warshal to take it into his custody, and shall proceed diligently to obtain a condemnation and distribution thereof; and to that end shall see that the proper preparatory evidence is taken by the prize-commissioners, and that the prize-commissioners also take the depositions de bene esse of the prizecrew, and of other transient persons cognizant of any facts bearing on condemnation or distribution.
SEC. 4619. The district attorneys of the several judicial districts shall Duties of dis represent the interests of the United States in all prize-causes, and shall trict attorneys. not act as separate counsel for the captors on any private retainer or compensation from them, unless in a question between the claimants and the captors, on a demand for damages. They shall examine all fees, costs, and expenses, sought to be cbarged on any prize-fund, and protect the interest of the captors and of the United States. The district attorneys of all districts in which any prize-causes are or may be pending shall, as often as once in three months, send to the Secretary of the Navy a statement of the condition of all prize-causes pending in their districts, in such form and embracing such particulars as the Secretary of the Navý sball require.
SEC. 4620. In any case of capture made by vessels of the Navy, the Special counsel Secretary of the Navy may employ special counsel for captors, when, in for captors. his judgment, the services of such special counsel are needed in the particular case, for the due protection of the interests of the captors and of the Navy-pension fund; and, under the direction of.the Secretary of the Navy, such counsel may institute and prosecute such proceedings in the case as may be necessary and proper for the protection of such interests. [See Ø 361, 363–365, DEPARTMENT OF JUSTICE.]
Sec. 4621. Any district court may appoint prize-commissioners, not Appointment exceeding three in number; of whom one shall be a retired naval officer, of
", sioners. approved by the Secretary of the Navy, who shall receive no other compensation than his pay in the Navy, and who shall.protect the interests of the captors and of the Department of the Navy in the prize-property; and at least one of the others shall be a member of the bar of the court, of not less than three years standing, and acquainted with the taking of depositions.
SEC. 4622. The prize-commissioners, or one of them, sball receive from Duties of prizethe prize-master the documents and papers, and inventory thereof, and commi sball take the affidavit of the prize-master required by section forty-six hundred and seventeen, and sball forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize-courts; and the witnesses eball not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested, without special authority from tlie court; and witnesses who have the rights of neutrals sball be discharged as soon as practicable. The prize-commissioners sball also take depositions de bene esse of the prize-crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prize-property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and sball, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, wbich may require any action by the court, but the custody of the property shall be in the marsbal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize-property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy. [See Ø 5441.)
SEC. 4623. The marshal shall safely keep all prize-property under Duties of mar. warrant from the court, and shall report to the court any cargo or other shal. property that be thinks requires to be unladen and stored, or to be sold. He shali insure prize-property, if in his judgment it is for the interest