United States Statutes at Large/Volume 4/18th Congress/1st Session/Chapter 39

United States Statutes at Large, Volume 4
United States Congress
Public Acts of the Eighteenth Congress, First Session, Chapter 39

April 22, 1824.
Chap. XXXIX.—An Act supplementary to the act, entitled “An act supplementary to the act, entitled ‘An act for the relief of persons imprisoned for debt.’”[1]

Act of Jan. 6, 1800, ch. 4.
Act of Jan. 7, 1824, ch. 3.
Persons commissioned under act of Jan. 6, 1800, to have full power, &c. to issue a citation directed to the creditor, agent, or attorney, &c.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the person or persons who shall or may be commissioned, either by any judge of the Supreme Court of the United States, or by any district judge of the United States, to administer the oath prescribed by the act, entitled “An act for the relief of persons imprisoned for debt,” passed on the sixth day of January, Anno Domini, one thousand eight hundred, shall, and may have full power and authority to issue a citation, directed to the creditor, his agent or attorney, if either lives within one hundred miles of the place of imprisonment, requiring him to appear at the time and place therein mentioned, if he see fit, to show cause why the said oath or affirmation should not be so administered.

The creditor, &c., if living within 50 miles, to give fifteen days’ previous notice.Sec. 2 And be it further enacted, That, if the creditor, his agent, or attorney, lives within fifty miles of the place of imprisonment, only fifteen days’ previous notice by citation shall be required.

Approved, April 22, 1824.

  1. The constitutional and legal rights of a citizen of the United States to sue in the circuit court of the United States, do not permit an act of insolvency, completely executed under the authority of a state, to be a good bar to a recovery upon a contract made in another state. Suydam et al. v. Broadnax, 14 Peters, 97.