United States Statutes at Large/Volume 1/5th Congress/3rd Session/Chapter 32

United States Statutes at Large, Volume 1
United States Congress
Public Acts of the Fifth Congress, Third Session, Chapter 32

March 2, 1799.
Chap. XXXII.—An Act providing for the security of Bail in certain times.

If a defendant giving bail in one district committed in another, the bail may be discharged.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 gaol, 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,Resolution of Sept. 23, 1789.
Ante, p. 96.
to order and direct that such defendant be held in the gaol to which he shall have been committed a prisoner, in the custody of the marshal, within whose district such gaol is, and upon the said order duly authenticated, being delivered to the said 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.Duty of the marshal. 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, 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 where special bail shall have been found, or otherwise to discharge such bail, and such bail shall thereupon accordingly be discharged.

His fees.Sec. 2. And be it further enacted, That the marshal or his deputy, serving such order as foresaid, shall therefor receive the same fees and allowances as for the service of an original process commitment thereon to the gaol and the return thereof.

Defendant to be held until judgment in the first suit, &c.Sec. 3. And be it further enacted, That 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 gaol 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:This act not to affect bail already given. Provided always, that nothing in this act contained shall affect any case wherein bail has been already given.

Approved, March 2, 1799.