United States Statutes at Large/Volume 1/2nd Congress/1st Session/Chapter 29
Persons imprisoned on executions issuing from courts of U. States, to have like privileges as are allowed by state courts.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons imprisoned on executions issuing from any court of the United States for satisfaction of judgments in any civil actions shall be entitled to like privileges of the yards or limits of the respective gaols as persons confined in such gaols for debt on judgments rendered in the courts of the several states are entitled to, and under the like regulations and restrictions.
Mode of proceeding with respect to persons imprisoned.Sec. 2. And be it further enacted, That any person imprisoned as aforesaid, may have the oath or affirmation herein after expressed administered to him by any judge of the United States, or of the general or supreme court of law of the state in which the debtor is imprisoned, the creditor, his agent or attorney, if either live within one hundred miles of the place of imprisonment, or within the district in which the judgment was rendered, having had at least thirty days previous notice, by a citation served on him, issued by any such judge, to appear at the time therein mentioned, at the said gaol, if he see fit, to show cause why the said oath or affirmation should not be so administered; at which time and place, if no sufficient cause, in the opinion of the judge, be shown or doth from examination appear to the contrary, he may, at the request of the debtor, proceed to administer to him the following oath or affirmation, as the case may be, viz: “You solemnly swear (or affirm) that you have not estate, real or personal, nor is any to your knowledge holden in trust for you to the amount or value of twenty dollars, nor sufficient to pay the debt for which you are imprisoned.” Which oath or affirmation being administered, the judge shall certify the same under his hand, to the prison keeper, and shall fix a reasonable allowance for the debtor’s support, not exceeding one dollar per week; and if the creditor shall thereafter any week fail to furnish the debtor with such weekly support, by paying or advancing the money to him, or to the prison keeper, for his use, the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then or at any time afterwards belong to the debtor.
Penalty on false swearing.
1790, ch. 9, sec. 18.Sec. 3. And be it further enacted, That if any person shall falsely take the oath or affirmation aforesaid, such person shall be deemed guilty of perjury, and suffer the pains and penalties in that case provided.
Limitation of this act.Sec. 4. And be it further enacted, That this act shall continue and be in force, for the space of one year from the passing thereof, and from thence to the end of the next session of Congress, and no longer.
Approved, May 5, 1792.
- ↑ The acts relating to imprisonment for debt, passed subsequent to this act, are: An act to continue in force the act for the relief of persons imprisoned for debt, passed May 30, 1794, chap. 34; an act for the relief of persons imprisoned for debt, passed May 28, 1796, chap. 38; an act supplementary to an act entitled, “An act for the relief of persons imprisoned for debts due to the United States,” passed June 6, 1798, chap. 50; an act for the relief of persons imprisoned for debt, passed January 6, 1800, chap. 4; an act supplementary to “an act for the relief of persons imprisoned for debts due to the United States,” passed March 3, 1817, chap. 114; an act supplementary to an act entitled, “An act for the relief of persons imprisoned for debt,” passed January 7, 1824, chap. 3; an act supplementary to the act entitled, “An act supplementary to the act entitled, ‘An act for the relief of persons imprisoned for debt,’” passed April 22, 1824, chap. 40; an act for the relief of certain insolvent debtors of the United States, passed March 2, 1831, chap. 62; an act in addition to an act entitled “An act for the relief of certain insolvent debtors of the United States,” passed July 14, 1832, chap. 230; an act to extend, for a longer period, the several acts now in force for the relief of certain insolvent debtors of the United States, passed March 2, 1837, chap. 23; an act to extend for a longer period the several acts now in force for the relief of insolvent debtors to the United States, passed May 27, 1840, chap. 10; an act to re-enact, and continue in operation, the several acts now in force for the relief of insolvent debtors of the United States, passed January 28, 1843, chap. 20.