The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-05-31

earned, may be enforced By execution against
the property OF the defendant in liks u,,s,,.
ner as Judgments In civil easas are enforced.
PfOutded, That where the Judgment directs
hat the defendant shall be imprisoned until
The fine or penalty imposed is paid. the issrIe
II execution on the Judgment SHAH NOT
operate to discharge the defendant from inn
prlsonment until the amount of the Judgment
is collected or otherwise paid. q 9.
SECTION 13. That when i'm any sr,is in
equity, commenced in any court OF the
United States, to enforce any legal or eatlita-
BILE lien or claim against real or personal pro
pcrty within tile district where such suit ia
brought, one or more Of the defendants
therein shall not he an inbatitant of or found
within the said district, or shall not yo,,,n-
tarily appear thereto, it shall he lawful for
the court to make IN order directing such
absent defendant to appear. plead, answer, or
dcInur to the complainant's bill at a certain
day therein To be designated, which order
shall he served on such absent defendant, if
practicable, wherever found; CO where such
personal service is not practicable, such order
shall be published in such manner as the
court shall direct; and in case such absent
defendant shall not appear plead, answer. or
demur within the time so limited, or within
some further time to be allowed by the court
in its discretion. and upon proof of the SER
vice or publication Of said order, and of the
performance Of the directions contained I'm
the same, it shall be lawful for the court to
entertain jurisdiction, and proceed to the
hearing and adjudication of such suit in the
SAME manner as ii such absent defendant had
been served with process within the said dis
trict, but said adjudication shall. rs regards
such absent defendant without appearance,
affect his property within such district only.
SECTION IA. That when Il poor convict,
sentenced by any court of the United States
to DC imprisoned and Iay fine. or fine and
cost, or 10 Isly fine, or fine and cost, has
been confined i'll prison thirty days solely for
The non-Inymcnt of such fine, or fine and
cost, such convict may make application in
writing to any commissioner of the United
States court i'll the district where he i i'm
prisoned, setting forth his inability to pay
such fine, or fine and cost, aud after notice
to the district attorney Of the United States,
who may appear, offer evidence, aud be
heard, the commissioner shall proceed to
hear and determine the matter; and if OH
examination it shall appear to him that such
convict Is unable to pay such fine, or fine
and cost. and that he has not any property
exceeding twenty dollars I'm value, except
such as is by law exempt from being taken
on execution for debt. the commissioner shall
administer to him the following oath: -
do solcmnly swear that have not any prop
ertv. real or personal, to the amount Of
twenty dollars. except such rs is by law ey-
empt from being taken on civil preCept for
debt by the laws of Estate where oath is adj
ministered; and that have no property in
any way conveyed or concealed or in any
way disposed of for my future use and ben
eft. So help me God" And tbereupon
such convict shall be discharged, the conf
missioner giving to the jailOr or keeper Of
the jaila certificate setting forth the facts.
SECTION II. That if ut any time after such
discharge of such convict it shall be made to
appear that in taking the aforesaid oath he
Swore falsely, he may he indicted, convicted.
and punished for perjury, and be liable to
the penalties prescribed in section thirteen
of an act entitled "An act more eflcctuaIly
to provide for the punishment of certain
crimes against the United States, aid for
other purposes" approved March 3, 1925.
SECTION IG. That the fees of the commits
sioner for the examination aud certificate
provided for in this act shall be five dollars
per day for every day that he shall be ell
gagged in such examination.