Chapter 873. To amend section fifty-five hundred and forty-six of the Revised Statutes
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CHAP. 873.— An Act To amend section fifty-five hundred and forty-six of the Revised Statutes. March 3, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Designation of penitentiary by Attorney-General for convicts of United States courts.[R. S., see. 5546, p. 1074](/us/rs/s5546/p1074), amended. That section fifty-five hundred and forty-six of the Revised Statutes be amended by adding after the words “any court of the United States” the words “including consular courts,” and after the words “District or Territory” by adding the words “or country,” and after the words “where the conviction has occurred” by adding the words “and in case of convictions by a consular court the transportation shall be by some properly qualified agent 1451or agents designated by the Department of State, the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and agent or agents to be defrayed from the appropriation for bringing home criminals;” so as to read:
" “Sec. 5546. All persons who have been, or who may hereafter be,—of consular courts. convicted of crime by any court of the United States, including consular courts, whose punishment is imprisonment in a District or Territory or country where, at the time of conviction or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts, or available therefor, shall be confined during the term for which they have been or may be sentenced, or during the residue of said term, in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of suchTransport and delivery of prisoners. jail or penitentiary by the marshal of the District or Territory where the conviction has occurred; and in case of convictions by a consular—consular prisoners;
State Department agent to act. court the transportation shall be by some properly qualified agent or agents designated by the Department of State, the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and agent or agents to be defrayed from the appropriation for bringing home criminals; and if the conviction be had inIn District of Columbia. the District of Columbia, the transportation and delivery shall be by the warden of the jail of that District, the reasonable actual expenseExpense of transporting. 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 Attorney-General out of the judiciary fund.
But if, in the opinion of the Attorney-General, 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 tor the period designated in their respective sentences. And the place of imprisonment may be changed in any case when, in the opinion ofChange of place of imprisonment. the Attorney-General, it is necessary for the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel and improper treatment: *Provided, however,* That no change shall be made in the case of any prisoner on the ground of the unhealthiness*Proviso.*—application for, required. of the prisoner or because of his treatment, after his conviction and during his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf.
” " Approved, March 3, 1901.