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Imprisoned convicts how to be treated.] By the act of CHAP. 7. June 30, 1834, it is enacted "that whenever any criminal convicted of any offense against the United States, shall be imprisoned in pursuance of such conviction, and of the sentence thereupon, in the prison or penitentiary of any state 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 prison or penitentiary is situated; and while confined therein shall be also exclusively under the control of the officers having charge of the same, under the laws of said state or territory."

'Ch. 163: 4 Stat. at Large, p. 739.

ᏢᎪᎡᎢ 4.

Whipping-pillory.] By the act of February 28, 1839, it is enacted "that the punishment of whipping and the punishment of standing in the pillory, so far as they now are provided for by the laws of the United States, be and the same are hereby abolished."1

Place of imprisonment.] By the act of March 3, 1825, it is enacted "that in every case where any criminal convicted of any offense against the United States shall be sentenced to imprisonment and confinement 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 prison, or penitentiary, within the district where such court is holden; the use of which prison or penitentiary may be allowed or granted by the legislature of such state for such purposes; and the expenses attendant upon the execution of such sentence, shall be paid by the United States."2

And by the act of March 3d, 1835, it is provided "that whenever any person shall be convicted of any offense against the United States which is punishable by fine and imprisonment, or by either, it shall be lawful for the court by which the sentence is passed, to order the sentence to be executed in any house of correction, or house of reformation for juvenile delinquents, within the state or district where such court is holden, the use of which shall be allowed and authorized by the legislature of the state for such purpose. And the expense attendant on the execution of such sentence shall be paid by the United States." Vide, supra, p. 199, "Jails."

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Imprisoned convicts how to be treated.] By the act of CHAP. 7. June 30, 1834, it is enacted "that whenever any criminal convicted of any offense against the United States, shall be imprisoned in pursuance of such conviction, and of the sentence thereupon, in the prison or penitentiary of any state 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 prison or penitentiary is situated; and while confined therein shall be also exclusively under the control of the officers having charge of the same, under the laws of said state or territory.""

'Ch. 163: 4 Stat. at Large, p. 739.

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PART V.

PRACTICE OF THE SUPREME AND CIRCUIT COURTS OF THE UNITED STATES IN THE EXERCISE OF THEIR APPELLATE JURISDICTION BY WRIT OF ERROR; AND OF THE SUPREME COURT UPON CERTIFICATE OF DISAGREEMENT OF OPINION BETWEEN THE JUDGES OF THE CIRCUIT COURTS.

CHAPTER I.

OF THE REMEDY BY WRIT OF ERROR GENERALLY, AND FOR WHAT ERRORS IT WILL LIE.

Much that might otherwise not improperly find a place here, has already been said in defining the limits of the appellate jurisdiction of the supreme court, and of the circuit courts of the United States. We have seen that the supreme court is empowered, by writ of error in suits at law, and by appeal in suits in equity and in admiralty, to revise the final judgments and decrees of the circuit courts, and of the supreme courts of the territories; and by writ of error, the decisions of the highest courts of the several states, in suits both at law and in equity, in certain cases of rare occurrence, specified in the 25th section of the judicial act of 1789; and that the circuit courts are invested with appellate jurisdiction over the final judgments of the district courts, by writ of error in suits at law, and by appeal in causes

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