an offence not punishable with death shall afterwards procure bail, and there be no 24 Sept. 1789. judge of the United States in the district to take the same, it may be taken by any judge of the supreme or superior court of law of such state. 5 Stat. 516. have power to 2. The commissioners who now are, or hereafter may be, appointed by the circuit 23 Aug. 1842 ? 1. courts of the United States to take acknowledgments of bail and affidavits, and also to take depositions of witnesses in civil causes, shall and may exercise all the powers that Commissioners to any justice of the peace, or other magistrate, of any of the United States may now arrest and bail. exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning or bailing the same, (a) under and by virtue of the 33d section of the act of the 24th of September, Anno Domini 1789, entitled "An act to establish To issue process the judicial courts of the United States;" and who shall and may exercise all the wages. powers that any judge or justice of the peace may exercise under and in virtue of the 6th section of the act passed the 20th of July, Anno Domini 1790, entitled "An act for the government and regulation of seamen in the merchant service."(b) for seamen's 10 Stat. 162. issue for several moval. 3. Whenever two or more charges are or shall be made, or two or more indictments 26 Feb. 1853 ? 1. shall be found against a person, only one writ or warrant shall be necessary to arrest and commit him for trial; and it shall be sufficient to state in the writ the name or One warrant to general character of the offences, or to refer to them only in very general terms. Only offences. one writ or warrant shall be necessary to remove a prisoner from one district to another; a copy of which may be delivered to the sheriff or jailor from whose custody the prisoner Warrant of remay be taken, and another copy thereof to the sheriff or jailor to whose custody he may be committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he may be removed. Whenever a prisoner is com- Copy of warrant to be deposited mitted to a sheriff or jailor by virtue of a writ, warrant or mittimus, a copy thereof shall with jailor, &c. be delivered to the sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant or mittimus, shall be returned to the proper court or officer with the officer's return thereon. II. IN CIVIL SUITS. 5 Stat. 321. for debt, where it states. 4. No person (c) shall be imprisoned for debt in any state, on process issuing out of a 28 Feb. 1839 ? 1. court of the United States, (d) where, by the laws of such state, imprisonment for debt has been abolished; and where, by the laws of a state, imprisonment for debt shall be No imprisonment allowed, under certain conditions and restrictions, the same conditions and restrictions has been abolshall be applicable to the process issuing out of the courts of the United States; and ished in the the same proceedings shall be had therein, as are adopted in the courts of such state. (e) 5. The act entitled "An act to abolish imprisonment for debt in certain cases," 14 Jan. 1841 1. approved February 28th 1839, shall be so construed as to abolish imprisonment for debt, on process issuing out of any court of the United States, in all cases whatever, where, or shall in future by the laws of the state in which the said court shall be held, imprisonment for debt has been, or shall hereafter be, abolished.(g) 5 Stat. 410. be so abolished. 10 Stat. 153. 6. No person shall be held to bail in the District of Columbia, in any action of debt, 3 Feb. 1853 3 1. assumpsit or other action founded on or arising out of any contract or agreement, or in any suit or proceeding in equity brought or prosecuted for enforcing the payment of Abolished in the any debt, or of any sum or sums of money due or claimed to be due by reason of bia. any contract or agreement. Attachment. 1. In suits by the United States against a corporation, its debtors may be summoned as garnishees. Judgment to be entered against the garnishees. 2. Issue, on denial of indebtedness. Costs. District of Colum 3. Appearance of garnishees to be compelled by attachment. 4. How attachments on mesne process may be dissolved. Priority of the United States reserved. 3 Stat. 443. 1. In any suit or action which shall be hereafter instituted by the United States 20 April 1818 3 8. against any corporate body, for the recovery of money upon any bill, note or other security, it shall be lawful to summon, as garnishees, the debtors of such corporation; In suits by the and it shall be the duty of any person, so summoned, to appear in open court and against a cordepose, in writing, to the amount which he or she was indebted to the said corporation, poration, its (a) The power of the commissioner, under these laws, is to arrest, to imprison and to bail, for any crime or offence against the United States, and is commensurate with the power residing for the same purposes in any judge of the United States. 4 Opin. 20-7. United States v. Rundlett, 2 Curt. C. C. 41. (b) They do not possess the power to try and commit for desertion under 27 of the act 20 July 1790. Ex parte Crandall, 2 Cal. 144. See 4 Opin. 233, as to the compensation of these commissioners. (c) The United States and their debtors are not included in the provisions of this act. United States v. Hewes, Crabbe, 307. A private debtor, when sued in the courts of the United States, is Iruprisoned or not, on execution, according to the laws and policy of each state where the execution issues; whilst the case of debt United States ors to the United States is governed by the uniform and fixed laws of congress. Moan . Wilmarth, 3 W. & M. 399. (d) This does not extend to process in personam issued by the admiralty courts. Hodge v. Bemis, 2 Am. L. J. 337. Gardner v. Isaacson, 3 Ibid. 193. Gaines v. Travis, Ibid. 199. (e) This law relates to the remedy, and does not impair the obligation of the contract. Sherwood v. Munroe, 1 McLean. 528. (4) A state insolvent law is not one abolishing imprisonment for debt. Catherwood v. Gapete, 2 Curt. C. C. 94. In the matter of Freeman, Ibid. 491. See Sadlier v. Fallen, Ibid. 190. This does not adopt subsequent state laws imposing restrictions and condi tions on imprisonment for debt. In the matter of Freeman, Ibid. 491. 20 April 1818. debtors may be Bummoned as garnishees. Judgment to be entered against the garnishces. Ibid. 29. Issue, on denial of indebtedness. Costs. Ibid. 10. 14 March 184821. 9 Stat. 213. How attach ments on mesne process may be dissolved. at the time of the service of the summons, and at the time of making such deposition; and it shall be lawful to enter up judgment, in favor of the United States, for the sum admitted by such garnishee to be due to the said corporation, in the same manner as if it had been due and owing to the United States: (a) Provided, That no judgment shall be entered against any garnishee, until after judgment shall have been rendered against the corporation defendant to the said action, nor until the sum in which the said garnishee may stand indebted be actually due.(b) 2. Where any person summoned as garnishee, shall depose in open court that he or she is not indebted to such corporation, nor was not, at the time of the service of the summons, it shall be lawful for the United States to tender an issue upon such demand, and if, upon the trial of such issue, a verdict shall be rendered against such garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs of suit. 3. If any person summoned as garnishee under the provisions of this act, shall fail to appear at the term of the court to which he has been summoned, he shall be subject to attachment for contempt of the court. 4. Whenever, upon process instituted in any of the courts of the United States, property shall hereafter be attached to satisfy such judgment as may be recovered by the plaintiff in such process, and any contingency occurs by which, according to the laws of a state, such attachment would be dissolved upon like process pending in, or returnable to, the state courts, then such attachment or attachments made upon process issuing from or pending in, the courts of the United States, within such state, shall be dissolved, the intent and meaning of this act being to place such attachments in the courts of the states and the United States upon the same footing: Provided, That nothing herein United States re- contained shall interfere with any existing or future law giving priority in payments of debts to the United States. Priority of the served. 21 Sept. 1789 2 35. 1 Stat. 93. Attorney-General. 1. Attorney-general to be appointed. His duties; and compensation. 1. There shall also be appointed a meet person, learned in the law, to act as attorneygeneral for the United States, who shall be sworn or affirmed to a faithful execution of Attorney-general his office; whose duty it shall be to prosecute and conduct all suits in the supreme court to be appointed. in which the United States shall be concerned, (c) and to give his advice and opinion (d) upon questions of law (e) when required by the president of the United States, (g) or when requested by the heads (h) of any of the departments, (i) touching any matters Compensation. that may concern their departments, (k) and shall receive such compensation for his services as shall by law be provided.() His duties. (a) This act operates a transfer from the corporation to the United States of those debts which might be due from the persons who should be summoned as garnishees. They become, by the service of the summons, the debtors of the United States, and cease to be the debtors of the corporation. But they owe to the United States precisely what they owed to the corporation, and no more. The act does not impair any legal or equitable set-off existing in the garnishees. It is the balance actually due that becomes a debt to the United States, for which judgment is to be rendered. United States v. Robertson, 5 Pet. 659. Planters' Bank v. Sharp, 6 How. 341-2. (b) An attachment of funds at the suit of a private person, is not defeated by a subsequent attachment at the suit of the United States. Beaston v. Farmers' Bank of Delaware, 12 Pet. 102. (c) It is not his duty to conduct a suit in the supreme court, brought by a private citizen, against the sergeant-at-arms of the house of representatives. 5 Opin. 720. (d) Although the nets prescribing the duties of attorneys-general do not declare the effect of their advice, it has been the practice of the departments to heed it. It has been found greatly advantageous, if not absolutely necessary, to have uniformity of action upon analogous questions and cases; and that result is more likely to be attained under the guidance of a single department constituted for the purpose, than by a disregard of its opinions and advice. 5 Opin. 97. 6 Ibid. 334. (e) He is not required to act as arbitrator, nor render an award. 1 Opin. 209. Nor is it his duty to investigate the truth of any allegation of a fraudulent collusion to obtain money from the treasury. Ibid. 253. Or to give opinions on questions of fact. 5 Ibid. 626. So, no appeal lies to him from the decision of any officer of the government. 6 Ibid. 289, 334. His relation to any one of the departments is that of counsel to client. 7 Ibid. 576. (g) It is not his duty to give official opinions to the house of representatives. 1 Opin. 335. See 6 Ibid. 335. 5 Ibid. 561. (4) Subordinate officers of the government, who desire an official opinion, must seek it through the head of the department to which such subordinate is accountable. 1 Opin. 211. (i) The acts creating the office and defining the duties of the attorney-general, limit his official opinions to questions of law propounded by the president and heads of departments. 1 Opin. 492. (k) He is not bound to give official opinions on questions in which the United States have no interest. 2 Opin. 311. And see Ibid. 531. 6 Ibid. 21, 147, 326. It is not his duty to instruct district attorneys in the discharge of their duties; nor can the secretary of the treasury, under his privilege of consulting that officer, properly require him to draw pleas. or to indicate the course to be pursued in particular suits pending in the district and circuit courts. 1 Opin. 608. (1) By act 3 March 1853, 4, the compensation of the attorneygeneral is fixed at the sum of $8000 per annum. 10 Stat. 212. Attorneys and Counsellors. 1. Parties may appear in person, or by attorney. 2. Attorneys to pay the costs of vexatious pro, edings. 1 Stat. 92. 1 In all the courts of the United States the parties may plead and manage their own 24 Sept. 1789 3 35 causes personally, or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. 3 Stat. 21. 2. And if any attorney, proctor or other person, admitted to manage and conduct 22 July 1813 ? 3. causes in a court of the United States or of the territories thereof, shall appear to have multiplied the proceedings in any cause before the court so as to increase costs unrea- Attorneys to pay sonably and vexatiously, such person may be required by order of court to satisfy any proceedings. excess of costs so incurred. costs of vexatious 1 Stat. 334. to bail in criminal 1. Bail for appearance in any court of the United States, in any criminal cause in 2 March 1793 & 4. which bail is by law allowed, may be taken by any judge of the United States, any chancellor, judge of a supreme or superior court, or chief or first judge of a court of Who may admit common pleas of any state, or mayor of a city in either of them, and by any person cases. having authority from a circuit court, [or the district courts (a) of Maine or Kentucky,] to take bail; which authority, revocable at the discretion of such court, any circuit court, [or either of the district courts of Maine or Kentucky,] may give to one or more discreet Commissioners of persons, learned in the law, in any district for which such court is holden, where, from the extent of the district and remoteness of its parts from the usual residence of any of the before-named officers, such provision shall, in the opinion of the court, be necessary:(b) Provided, That nothing herein shall be construed to extend to taking bail in any Limitation of case where the punishment for the offence may be death; nor to abridge any power power. heretofore given by the laws of the United States to any description of persons to take bail.(c) bail. 1 Stat. 609. peace and for 2. The judges of the supreme court, and of the several district courts of the United 16 July 1799 2 1. States, and all judges and justices of the courts of the several states, having authority by the laws of the United States to take cognisance of offences against the constitution Surety of the and laws thereof, shall respectively have the like power and authority to hold to security good behavior. of the peace and for good behavior, in cases arising under the constitution and laws of the United States, as may or can be lawfully exercised by any judge or justice of the peace of the respective states, in cases cognisable before them. (d) 9 Stat. 73. criminals by 3. Any party charged with a criminal offence and admitted to bail, may, in vacation, 8 Aug. 1846 ? 4. be arrested by his bail, and delivered to the marshal or his deputy, before any judge or other officer having power to commit for such offence; and at the request of such bail, Surrender of the judge or other officer shall recommit the party so arrested to the custody of the marshal their bail. and endorse on the recognisance or certified copy thereof, the discharge and exoneretur of such bail; and the party so committed shall therefrom be held in custody until lischarged by due course of law. Ibia. 2 6. In what cases 4. Upon the necessary proof being made to any judge of the United States, or other magistrate having authority to commit on criminal charges against the laws of the United States, that a person previously admitted to bail on any such criminal charge is about to new bail may be abscond, and that his bail is insufficient, it shall and may be lawful for any such judge (a) The circuit court powers of the district courts of Maine and Kentucky were taken away by acts 24 February 1807, 2 1, 2 Stat. 42; and 30 March 1820, 22; 3 Stat. 554. b) See infra, 9, 11, for their power to take bail in civil cases. And see tit. "Commissioners," for their other powers and duties. See also tit. "Arrest," 2. (c) See tit. "Arrest," 1. required. (d) Under this act a judge of the United States has power. on just grounds of suspicion, to require bail to observe the neutrality laws. United States v. Quitman, 2 Am. L. R. 6-15, 652. 8 August 1846, or magistrate to require such person to give better security, or, for default thereof, to cause him to be committed to prison; and to that end, an order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereof. 8 May 1792 10. 1 Stat. 278. 2 March 1799 3 1. 1 Stat. 727. Bail may lodge detainer against defendant ar rested in another listrict. II. IN CIVIL SUITS. (a) 5. It shall and may be lawful for the clerks of the district and circuit courts, in the absence or in case of the disability of the judges, to take recognisances of special bail, de bene esse, in any action depending in either of the said courts. 6. In all cases where a defendant, who hath procured bail to respond the judgment in a suit brought against him in any of the courts of the United States, shall afterwards be arrested in any district of the United States, other than that in which the first suit was brought, and shall be committed to a jail, the use of which shall have been ceded to the United States for the custody of prisoners, it shall be lawful for and the duty of any judge of the court, in which the suit is depending, wherein such defendant had so procured bail as aforesaid, at the request and for the indemnification of the bail, to order and direct that such defendant be held in the jail to which he shall have been comƆuty of marshal. mitted a prisoner, in the custody of the marshal, within whose district such jail is, and upon the said order duly authenticated, being delivered to the marshal, it shall be his duty to receive such prisoner into his custody and him safely to keep, and the marshal shall thereupon be chargeable as in other cases, for an escape. And the said marshal thereupon shall make a certificate, under his hand and seal, of such commitment, and transmit the same to the court from which such order issued; and shall also, if required, make a duplicate thereof, and deliver the same to such bail, his or their agent or attorney, Exoneretur to be and upon the said certificate being returned to the court which made the said order, it shall be lawful for the said court, or any judge thereof, to direct that an exoneretur be entered upon the bail-piece (b) where special bail shall have been found, or otherwise to discharge such bail, and such bail shall thereupon accordingly be discharged. entered. Ibid. 22. 7. The marshal or his deputy, serving such order as aforesaid, shall therefor receive Fees of marshal. the same fees and allowances as for the service of an original process commitment thereon to the jail and the return thereof. 20 Feb. 1812 1. 2 Stat. 679. Commissioners of bail to be appointed. Their powers. Fees. Ibid. 22. 1 March 1817 3 Stat. 350. tended. 8. In every case of commitment as aforesaid by virtue of such order as aforesaid, the person so committed shall, unless sooner discharged by law, be holden in jail until final judgment shall be rendered in the suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment shall be rendered against him, that he may be charged in execution, which may be directed to and served by the marshal in whose custody he is: Provided always, That nothing in this act contained shall affect any case wherein bail has been already given. III. COMMISSIONERS OF BAIL.(c) 9. It shall be lawful for the circuit court of the United States, (d) to be holden in any district in which the present provision by law for taking bail and affidavits in civil causes (in cases where such affidavits are by law admissible) is inadequate, or on account of the extent of such district inconvenient, to appoint such and so many discreet persons (e) in different parts of the district as such court shall deem necessary, to take acknowledgments of bail and affidavits; which acknowledgments of bail and affidavits shall have the like force and effect as if taken before any judge of said court; and any person swearing falsely in and by any such affidavit, shall be liable to the same punishment as if the same affidavit had been made or taken before a judge of said court. 10. The like fees shall be allowed for taking such bail and affidavit as are allowed for the like services, by the laws of the state, in which any such affidavit or bail shall be taken. 1. 11. The commissioners who now are or hereafter may be appointed by virtue of the act entitled "An act for the more convenient taking of affidavits and bail in civil causes Their powers ex- depending in the courts of the United States," are hereby authorized to take affidavits and bail in civil causes to be used in the several district courts of the United States, and shall and may exercise all the powers that a justice or judge of any of the courts of the United States may exercise by virtue of the thirtieth section of the act entitled "An act to establish the judicial courts of the United States." (a) See note to 2 Stat. 679. (No writ of error will lie upon a motion to enter an eroneretur upon the hail-piece; it is a collateral proceeding, addressing itself to the equitable dis retion of the court. Morsell v. Hall, 13 How. 212, 215. See Ex parte David Taylor, 14 Ibid. 3. (c) See tit. "Commissioners," for the powers and duties of these officers. (d) Whitney v. Hunntt, 5 Cr. C. C. 120. Bonds. 1. Collectors, naval officers and surveyors to give bond. Amount of penalty. Form of bond. 2. President may increase the penalty of official bonds. 1 Stat. 704. Collectors, naval boud. 1. Every collector, naval officer and surveyor, employed in the collection of the duties 2 March 1799 3 1. on imports and tonnage, shall, within three months after(a) he enters upon the execution of his office, give bond, with one or more sufficient sureties, (b) to be approved (c) of by officers and sur the comptroller of the treasury of the United States, and payable to the said United yeyors to give States, with condition for the true and faithful discharge of the duties of his office according to law, (d) that is to say: the collector of Philadelphia and New York, in the Amount of sum of sixty thousand dollars each; the collector of Boston and Charlestown, forty penalty. thousand dollars; the collectors of Baltimore and Charleston, thirty thousand dollars each; the collector of Norfolk and Portsmouth, fifteen thousand dollars; the collectors of Portsmouth, in New Hampshire, of Salem and Beverly, Wilmington, (in the state of Delaware), Annapolis, Georgetown, (in Maryland), Bermuda Hundred and City Point, Alexandria, Wilmington, Newbern and Edenton, in the state of North Carolina, Newport and Providence, in the state of Rhode Island and Providence Plantations, ten thousand dollars each; the collectors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New London, New Haven, Fairfield, Perth Amboy, Yorktown, Dumfries, Washington, Camden, Georgetown, (South Carolina), Beaufort and Savannah, five thousand dollars each; the collectors of Hudson, Middletown and Waldoborough, four thousand dollars each; and all the other collectors in the sum of two thousand dollars each; the naval officers of the ports of Boston and Charlestown, New York, Philadelphia, Baltimore, Charleston, ten thousand dollars each; and all other naval officers, in the sum of two thousand dollars each; the surveyors of the ports of Boston and Charlestown, New York, Philadelphia, Baltimore and Charleston, five thousand dollars each; and all the other surveyors, in the sum of one thousand dollars each: which bonds shall be filed in the office of the said comptroller, and be, by him, severally, put in suit for the benefit of the United States, upon any breach of the condition thereof. And all bonds to be hereafter given shall be of the form following, to wit:Know all men by these presents that we are held and firmly bound, unto the United dollars, money of the United States; day of one thousand States of America, in the full and just sum of· Now, therefore, if the said to the office of· has truly and faithfully executed and discharged, and shall continue truly and faithfully to execute and discharge all the duties of the said office according to law, then the above obligation to be void and of none effect; otherwise it shall abide and remain in full force and virtue. Sealed and delivered' in the presence of } Form of bond. 3 Stat. 582. increase the 2. It shall be lawful for the president of the United States, and he is hereby authorized, 15 May 1820 3 ☎. from time to time, as, in his opinion, the interest of the United States may require, to regulate and increase the sums for which the bonds (e) required, or which may be President may required by the laws of the United States, to be given by the said officers, (g) and by all penalty of official other officers employed in the disbursement of the public moneys under the direction of bonds. the war or navy departments, shall be given; and all bonds given in conformity with such regulations shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same. 5 Stat. C61. 3. All custom house officers who now are, or hereafter may be, required by law to give 4 June 1844 2 1. bond with surety for the faithful discharge of the duties of their office, shall give such bond, with surety, according to the requirements of law, before they shall be qualified to enter upon the performance of said duties. (a) See infra, 3. (b) The death of a surety, after the bond has been signed and sealed, and after it has been put in a course of transmission to the comptroller of the treasury, but before it has been approved, or appears to have been received. does not discharge the estate of the surety. Broome v. United States, 15 How. 143. (c) The statute does not require the approval to be in writing. Receiving the bond, and retaining it for a considerable time with out objection, will be sufficient evidence of acceptance to complete the delivery. Broome v. United States, 15 How. 155. Postmastergeneral v. Norvell, Gilp. 106, 121. Bank of the United States v. Dandridge, 12 Wh. 64. Officers to give bond before acting. (d) The sureties of a collector are responsible for moneys hand d over to him by his predecessor in office, and for those transmitted to him by another collector to enable him to pay expenses, which he is required, officially, to disburse. Broome v. United States, 15 How. 143. (e) See United States v. Linn, 15 Pet. 290. (g) That is, by 1, all district attorneys, collectors of the cus toms, naval officers and surveyors of the customs, navy agents, receivers of public moneys for lands, registers of the land offices and paymasters in the army. |