Page:United States Statutes at Large Volume 13.djvu/103

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 85, 86. 1864. 75 where such conviction shall have occurred; or if such conviction be had _ _ in the District of Columbia, then and in such case the transportation aud fig qw l%§"'“* deliverf shall be by the warden of the jail of said district; the reasonable ° ° um ` actual expense of transportation, necessary subsistence and hire, and transportation of guards and the marshal, 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: Provided, That if] in the opinion of the Secre- Pmviso. tary, the expense of transportation from any state, territory, or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintaining them in jail in the state, territory, or the District of Columbia during the period of their sentence, then it shall be lawlhl so to confine them therein for the period designated in their sentence. Secretary M Sec. 2. And be it farther enacted, That it shall be the duty of the Inmiorm con- Secretary of the Interior to contract with the managers or proper author- trait *{l!l¤ *;***3 ities having the control of such prison or prisoners, for the imprisonment, :S;S;$l;;f;_°;l,)i° subsistence, and proper employment of all such prisoners, and to give the pl¤yme¤t,_&c.. court having jurisdiction of such offences, in said district, notice of the:f13*;;hnQ>1;§;"°’* prison where such persons will be confined if convicted. the com-t, Sec. 3. And beit further enacted, That hereafter there shall be allowed Actual l-monand paid by the Secretary of the Interior, for the subsistence of prisoners *}**9 °°¤”_°f wb` in the custody of any marshal of the United States and the warden of the Q},°‘§Q§§g,?f{f°"°'° jail in the District of Columbia, such sum only as it shall reasonably and actually cost to subsist them. And it shall be the duty of the Secretary of the Interior to prescribe such rules and regulations for the government Rules, Sw., of the marshals and the warden of the jail in the District of Columbia, in *h°""‘”°’· relation to their duties under this act, as will enable him to determine the actual and reasonable expense incurred. Sec. 4. And be it further enacted, That it shall be the duty of the Execution in warden of the jail in the District of Columbia, whenever any person con- °“P“°l °”°“· fined in said jail shall be adjudged to suffer death, to carry such judgment into execution ; but nothing in this act nor “An act to authorize the 0¤pS¤¤¢tiq¤ appointment of a warden of the jail in the District of Columbia," approved °t February twenty-nine, eighteen hundred and sixty-four, shall be construed 1g6L Cb_ M_ to impair or interfere with the authority of the marshal of the said dis- Ame, p. 12. trict to commit persons to said jail, pr to produce them in open court or before any judicial officer when thereto required. And it 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 purpose of taking them before any court or judicial Officer as aforesaid. Sec. 5. And be it further enacted, That the office of warden of the oem of w,,,. penitentiary in the District of Columbia shall, from and after the passage 49*1 ff pgqiwnof this act, be suspended, and the salary and emoluments thereof cease, mmm_ during the time in which there shall be no penitentiary used in said bm suspended. district. Approved, May 12, 1864. CHAP. LXXXVI. -—An Act relating to Appointments in the Naval Service and Courts- May 16 mM_ llama!. _; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter all appoint- _ APP<>i¤f¤¤¢¤*—¤ ments in the volunteer naval service of the United States, above the rank of acting; master, shall be submitted to the Senate for confirmation, in the be sem to Senate same way and manner as appointments in the regular navy are required f°‘" °°“H"““*l°“· to be submitted. Sec. 2. And be dfurther enacted, That naval courts-martial shall have Power ofnaval power to sentence oflioers who shall absent themselves from their com- °°“"“·“”’*i*l· manck without leave, to be reduced to the rating of ordinary seamen. Approved, May 16, 1864.