Year: 1864




AN ACT concerning the disposition of


convicts in the courts of the United


States, for the subsisting of persons


confined in jails charged with viola


ting the laws of the United States,


and for diminishing the expenses in


relation thereto.


Be IL enacted by the Senate and House
of Rep, sscntat,res Of the limited States
of america an Congress assembled, That
all persons who have been or who
may hereafter be convicted of crime
by any court of the United States
not military-the punishment whereof
shall be Imprisonment, in district or
Territory where, at the time OF such
conviction, there may be no penlten-
tiary or other prison suitable for the
confinement OF convicts OF the United
States, and available therefor, shall
be confined during the term for which
they have been or may be sentenced,
in some suitable prison in convenient
State or Territory to be designated by
the Secretary of the Interior, and shall
be transported and delivered to the
warden or keeper Of the prison by the
marshal of the district or Territory
where such conviction shall have oc-
Cured or il such conviction be had
in the District Of Columbia, then and
in such case the transportation and
delivery shall be by the warden of the
Jail of said District the reasonable
actual expense of transportation, me-
cessary subsistence and hire, and
transportation of guards and the mar
shal or the warden of the Jail in the
District of Columbia, only, to be paid
by the Secretary Of the Interior, out
Of the judiciary fund: Proridcd, That
II, in the opinion of the Secretary, the
expense of transportation from any
State, Territory, or the District of CO.
lumbia, in which there is no peniten-
tiary, will exceed the cost of main
tanning them in Jail in the State, Ter
ritory, or the District Of Columbia du-
ring the period Of their sentence, then
it shall be lawfal SO to confine them
therein for tho period designated in
their sentence.


Sec. Q. A~d Be 1t further enacted,
That it shall be the duty of the Secre-
tary of the Interior to contract with
the managers or proper authorities
having the control Of such prison or
prisoners, for the Imprisonment, sub
sistcnce, and proper employment Of
all such prisoners, and to give the
court having jurisdiction of such of.
fences, in said District, notice OF the
prison where such persons will be con-
fined if convicted.


Sec. 8. Ana be .it further enacted,
That hereafter there shall be allowed
and paid by the Secretary of the In
terror, for the subsistence of prisoners
in the custody of any marshal of the
United States and the warden of the
Jail in the District of Columbia, such
sum only as it shall reasonably and
actually cost to subsist them. And
it shall he the duty of the Secretary
of the Interior to prescribe such rules
and regulations for the government of
the marshaIs and the warden of the
Jail in the District of Columbia, in re-
lation to their duties under this act,
as will enable him to determine the
actual and reasonable expense incur
red.


Sec. A. Ind be 1t furfAer enacted,
That it shall be the duty of the war
den of the Jail in the District of Go.
lumbia, whenever any person confined
in said Jail shall be adjudged to suffer
death, to carry such judgment into ex-
ecution but nothing in this act nor
&" An act to authorize the appointment
of warden of the Jail in the District
of Columbia" approved February
twenty-nine, eighteen hundred and
sixty-four, shall be construed to i'm
pair or interfere with the authority Of
the marshal of the said District to
commit persons to said Jail, or to pro-
duce them in open court or before any
judicial officer when thereto required.
And il shall be the duty Of the warden
of said Jail to receive such prisoners,
and to deliver them to said marshal
or his duly authorized deputy, on the
written request of either, for the pur-
pose of taking them before any court
or judicial officer as aforesaid.


Sec. 5. And be 1t further enacted,
That the office of warden of the peni.
Tertiary in the District Of Columbia
shall, from and after the passage OF
this act, be suspended, and the salary
and emoluments thereof cease, during
the time in which there shall be no
penitentiary used in said District.
Approved, May IL, 1864.