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person, apprehended by military force as aforesaid, shall be detained longer than five days after the arrest, and before removal. And all officers and soldiers who may have any such person or persons in custody, shall treat them with all the humanity which the circumstances will possibly permit; and every officer and soldier who shall be guilty of mal-treating any such person, while in custody, shall suffer such punishment as a court martial shall direct: Provided, That the officer having custody of such person or persons shall, if required by such person or persons, conduct him or them to the nearest judge of the su preme or superior court of any state, who, if the offence is bailable, shall take proper bail if offered, returnable to the district court next to be holden in said district, which bail the said judge is hereby authorized to take, and which shall be liable to be estreated as any other recognizance for bail in any court of the united states; and if said judge shall refuse to act, or the person or persons fail to procure satisfactory bail, then the said person or persons are to be proceeded with according to the directions of this act.

27. SECT. XVII. If any person, who shall be charged with a violation of any of the provisions or regulations of this act, shall be found within any of the united states, or either of the territorial districts of the united states, such offender may be there apprehended and brought to trial, in the same manner, as if such crime or offence had been committed within such state or district; and it shall be the duty of the military force of the united states, when called upon by the civil magistrate, or any proper officer, or other person duly authorized for that purpose and having a lawful warrant, to aid and assist such magistrate, officer, or other person authorized, as aforesaid, in arresting such offender, and him committing to safe custody, for trial according to law.

28. SECT. XVIII. The amount of fines, and duration of imprisonment, directed by this act as a punishment for the violation of any of the provisions thereof, shall be ascertained and fixed, not exceeding the limits prescribed, in the discretion of the court, before whom the trial shall be had; and all fines and forfeitures, which shall accrue under this act, shall be one half to the use of the informant, and the other half to the use of the united states; except where the prosecution shall be first instituted on behalf of the united states; in which case the whole shall be to their use.

29. SECT. XIX. Nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the united states, and being within the ordinary jurisdiction of any of the individual states; or the unmolested use of a road from Washington district to Mero district, or to prevent the citizens of Tennessee from keeping in repair the said road, under the direction or orders of the governor of said state, and of the navigation of the Tennessee river, as reserved and secured by treaty; nor shall this act be construed to prevent any person or persons travelling from Knoxville to Price's settlement, or to the settlement on Obed's river, (so called,) provided they shall travel in the trace or path which is usually travelled, and provided the Indians make no objection; but if the Indians object, the president of the united states is hereby authorized

to issue a proclamation, prohibiting all travelling on said traces, or either of them, as the case may be, after which, the penalties of this act shall be incurred by every person travelling or being found on said traces, or either of them, to which the prohibition may apply, within the Indian boundary, without a passport.

30. SECT. XX. The president of the united states shall be, and he is hereby authorized to cause to be clearly ascertained and distinctly marked, in all such places as he shall deem necessary, and in such manner as he shall direct, any other boundary lines between the united states and any Indian tribe, which now are, or hereafter may be established by treaty.

31. SECT. XXI. The president of the united states shall be authorized to take such measures, from time to time, as to him may appear expedient to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes, any thing herein contained to the contrary thereof notwithstanding.

32. SECT. XXII. This act shall be in force from the passage thereof; and so far as respects the proceedings under this act, it is to be understood, that the act, entitled "An act to amend an act, entitled, an act giving effect to the laws of the united states within the district of Tennessee," is not to operate.

[See Army, 21. War Department, 1.]

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ACT of June 6, 1798. (Vol. IV. p. 121.)

1. SECT. I. Any person imprisoned upon execution issuing from any court of the united states, for a debt due to the united states, which he shall be unable to pay, may, at any time after commit ent, make application, in writing, to the secretary of the treasury, stating the circumstances of his case, and his inability to discharge the debt; and it shall thereupon be lawful for the said secretary to make, or require to be made, an examination and enquiry into the circumstances of the debtor, either by the oath or affirmation of the debtor, (which the said secretary, or any other person by him specially appointed, are hereby authorized to administer) or otherwise, as the said secretary shall deem necessary and expedient, to ascertain the truth; and upon proof being made to his satisfaction, that such debtor is unable to pay the debt for which he is imprisoned, and that he hath not concealed, or made any conveyance of his estate, in trust, for himself, or with an intent to deVol. IV. p. 354. This act is supplied, see Judiciary, 93.

fraud the united states, or deprive them of their legal priority, the sald secretary is hereby authorized to receive from such debtor, any deed, assignment or conveyance of the real or personal estate of such debtor, if any he hath, or any collateral security, to the use of the united states; and upon a compliance by the debtor, with such terms and conditions as the said secretary may judge reasonable and proper, under all the circumstances of the case, it shall be lawful for the said secretary to issue his order, under his hand, to the keeper of the prison, directing him to discharge such debtor from his imprisonment under such exe cution, and he shall be accordingly discharged, 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 afterwards, belong to the debtor.

2. SECT. II. If any person shall falsely take an oath or affirmation under this act, he shall be deemed guilty of perjury, and be subject to the pains and penalties provided in the third section of an act, entitled "An act for the relief of persons imprisoned for debt."* [See pastea 7.]

3. SECT. III. The benefit of this act shall not be extended to any person imprisoned for any fine, forfeiture or penalty, incurred by a breach of any law of the united states, or for monies had and received by any officer, agent, or other person, for their use.

ACT of January 6, 1800. (Vol. V. p. 6.)

4. SECT. I. Persons imprisoned on process issuing from any court of the united states, as well at the suit of the united states as at the suit of any person or persons in civil actions, shall be entitled to like privileges of the yards or limits of the respective gaols, as persons confined in like cases on process from the courts of the respective states, are entitled to, and under the like regulations and restrictions.

5. SECT. II. Any person imprisoned on process of execution issuing from any court of the united states in civil actions, except at the suit of the united states, may have the oath or affirmation hereinafter expressed, administered to him by the judge of the district court of the united states, within whose jurisdiction the debtor may be confined; and in case there shall 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 com missioned 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 district in which the judgment was rendered, having had at least thirty days previous notice by a citation served on him, issued by the district judge, to appear at the time and place therein mentioned, if he see fit, to shew cause why the said cath or affirmation should not be so administered: At which time and place, if not sufficient 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 adminisver to him the following oath or affirmation, as the case may be, viz.

This act is expired, see vol. III. p. 335

"You solemnly (swear or affirm) that you have no estate, real or personal in possession, 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, sold, leased, or otherwise conveyed to, or intrusted any person or persons with all or any part of the estate, real or personal, whereof you have been the lawful owner or possessor, 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 may be defrauded." Which oath or affirmation being administered, the judge or commissioners shall certify the same under his or their hands to the prison-keeper, and the debtor 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 afterwards, belong to the debtor. And the judge or commissioners, in addition to the certificate by them 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 commissioners, may send for books and papers, and have the same authority as a court of record, to compel the appearance of witnesses, and administer to them, as well as to the debtor, the oaths or affirmations necessary for the enquiry into, and discovery of the true state of the debtor's property, transactions and affairs.

6. SECT. III. When the examination and proceedings aforesaid, in the opinion of the said judge or commissioners, cannot be had with safety or convenience in the prison wherein the debtor is confined, it shall be lawful for him or them, by warrant, under his or their hand and seals, to 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 see 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.

7. SECT. IV. If any person shall falsely take any cath or affirmation, authorized by this act, such person shall be deemed guilty of perjury, and upon conviction thereof, shall suffer the pains and penalties in that case provided. And in case 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 prison from whence he was liberated, there to be detained for the said debt, in the same manner as if such oath or affirmation had not been taken. [See antea 2.]

8. SECT. V. Any person imprisoned upon process issuing from any court of the united states, except at the suit of the united states, in any civil action, against whom judgment has been, or shall be recovered, shall be entitled to the privileges and relief provided by this act, after the expiration of thirty days from the time such judgment has been or shall be recovered, though the creditor should not, within that time, sue out his execution, and charge the debtor therewith.

[See Bankrupt, 61. Duties, collection of, 65.]

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