Chapter LXXXV. *concerning the Disposition of Convicts in the Courts of the United States, for the Subsisting of Persons confined in Jails charged with violating the Laws of the United States, and for diminishing the Expenses in Relation thereto.*May 12, 1864. *Be it enacted by the Senate and House of Representati
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CHAP. LXXXV.— An Act *concerning the Disposition of Convicts in the Courts of the United States, for the Subsisting of Persons confined in Jails charged with violating the Laws of the United States, and for diminishing the Expenses in Relation thereto.*May 12, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Convicts in courts of the United States, how to be disputed of.That all persons who have been, or who may hereafter be, convicted of crime by any court of the United States— not military— the punishment whereof shall be imprisonment, in a district or territory where, at the time of such conviction, there may be ho penitentiary or other prison suitable for the confinement of convicts of the United States, and available therefor, shall be confined during the term for which they have been or may be sentenced, in some suitable prison in a convenient state or territory to be designated by the Secretary of the Interior, and shall be transported and delivered to the warden or keeper of the prison by the marshal of the district or territory THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 85, 86. 1864.75where such conviction shallin the District of Columbia. have occurred; or if such conviction be had in the District of Columbia, then and in such case the transportation and delivery shall be by the warden of the jail of said district; the reasonable 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, outProviso. of the judiciary fund: *Provided,* That if, in the opinion of the Secretary, 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 lawful so to confine them therein for the period designated in their sentence.
Sec. 2. *And be it further enacted,* That it shall be theSecretary of Interior to contract with state authorities for the subsistence, employment, &c., of such prisoners, and to notify the court. duty of the Secretary of the Interior to contract with the managers or proper authorities having the control of such prison or prisoners, for the imprisonment, subsistence, and proper employment of all such prisoners, and to give the court having jurisdiction of such offences, in said district, notice of the prison where such persons will be confined if convicted.
Sec. 3. *And be it further enacted,* That hereafter thereActual reasonable costs of subsisting prisoners to be paid. shall be allowed and paid by the Secretary of the Interior, for the subsistence of prisoners in the custody of any marshal of the United States and the warden of the jail in the District of Columbia, such sum only as it shall reasonably and actually cost to subsist them. And it shall be the duly of the Secretary of the Interior to prescribe such rules andRules, &c., therefor. regulations for the government of the marshals and the warden of the jail in the District of Columbia, in relation to their duties tinder 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 theExecution in capital cases. duty of the warden of the jail in the District of Columbia, whenever any person confined in said jail shall be adjudged to suffer death, to carry such judgmentConstruction of this and of former act.1864 ch. 16.*Ante*, p. 12. into execution; but nothing in this act nor “An act to authorize the appointment of a warden of the jail in the District of Columbia,” approved February twenty-nine, eighteen hundred and sixty-four, shall be construed to impair or interfere with the authority of the marshal of the said district to com in it persons to said jail, or 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 ofOffice of warden of penitentiary in District of Columbia suspended. warden of the penitentiary in the District of Columbia shall, from and after the passage of this act, he suspended, and the salary and emoluments thereof cease, during the time in which there shall be no penitentiary used in said district.
Approved, May 12, 1864.