The above section was carried into the Revised Statutes from an act of 1792.14 § 1558. Imprisonment for debt. No person shall be imprisoned for debt in any State, on process issuing from a court of the United States, where, by the laws of such State, imprisonment for debt has been or shall be abolished. And all modifications, conditions, and restrictions upon imprisonment for debt, provided by the laws of any State shall be applicable to the process issuing from the courts of the United States to be executed therein; and the same course of proceedings shall be adopted therein as may be adopted in the courts of such State. R. S. § 990, U. S. Comp. Stat. 1901, p. 709. cases.18 Under the bankruptcy act of 189816 the court may imprison bankrupts to compel a surrender of the bankrupt's estate and this power appears to be an exception to the above section.17 The section applies only to civil Its applicability to cases in which the United States are parties has been questioned.19 The right to imprison for debt has been greatly restricted in modern practice. The proceedings in all cases of arrest on mesne process must conform to the State law.20 A debtor is not liable to arrest on Federal process unless liable to arrest under the State laws.1 Hence where a State law does not allow imprisonment for debt after the debtor has surrendered his property, he cannot be arrested on Federal court process. Where a State law modifies imprisonment for debt the modification is adopted by Federal courts.3 So also where the State law puts restrictions on imprisonment.4 A State court however has no authority under a State insolvent law to release from jail one held on bail under a judgment rendered in an action at law by a Federal court.5 The above section does not affect the power of the court to issue a warrant of arrest as process for compelling defendants to respond to a claim for unliquidated damages. But an action for a penalty is a civil action since a penalty 1Gray v. Monroe, 1 McLean, 528, Fed. Cas. No. 5,724; Wilber v. Ingersoll, 2 McLean, 322, Fed. Cas. No. 17,632; Mallory Mfg. Co. v. Fox, 20 Fed. 409. See also Nelson, Morris & Co. v. Hill, 89 Fed. 477. 2 Moan v. Wilmarth, 3 Wood, & M. 399, Fed. Cas. No. 9,686. 3 Low v. Durfee, 5 Fed. 256; United States v. Tetlow, 2 Low. 159, Fed. Cas. No. 16,456. See also Catherwood v. Gapete, 2 Curt. 94, Fed. Cas. No. 2,513. 4 Stroheim v. Deimel, 73 Fed. 430. 5 Sadlier v. Fallen, 2 Curt. 190, Fed. Cas. No. 12,209. 6 Bolden v. Jensen, 69 Fed. 745. when incurred becomes a debt and a bench warrant will not issue in such a case where the State law prohibits imprisonment for debt.7 The limitation is held to apply as well to admiralty courts as to others.8 Although it has been held that that portion of the above section which adopted the State law "concerning the modifications, conditions and restrictions upon impris onment for debt" does not apply to process in admiralty suits. The papers for the arrest of a debtor may be verified before a Federal commissioner as well as before a State officer.10 § 1559. right and proceedings as to discharge same as in State court. When any person is arrested or imprisoned in any State, on mesne process or execution issued from any court of the United States, in any civil action, he shall be entitled to discharge from such arrest or imprisonment in the same manner as if he were so arrested and imprisoned on like process from the courts of such State. The same oath may be taken, and the same notice thereof shall be required, as may be provided by the laws of such State, and the same course of proceedings shall be adopted at may be adopted in the courts thereof. But all such proceedings shall be had before one of the commissioner of the circuit court for the district where the defendant is so held. R. S. § 991, U. S. Comp. Stat. 1901, p. 709. The powers formerly exercised by circuit court commissioners are vested in United States commissioners.12 Elsewhere will be found provisions of law for the discharge of debtors imprisoned under judgment in favor of the United States.13 This and the previous section contemplate that a defendant shall be subject to imprisonment and discharged therefrom by Federal courts under the same circumstances and in the same way as under State laws. 14 This section does not, however, adopt State laws prospectively.15 It is obligatory on sheriff's and no discharge from jail under a State law not in conformity therewith will exonerate the sheriff.16 A prisoner held under Federal process cannot be discharged by a State 7United States v. Younger, 92 Fed. 672. 8The Kentucky, 4 Blatchf. 448, Fed. Cas. No. 7,717; Louisiana Ins. Co. v. Nickerson, 2 Low. 310, Fed. Cas. No. 8,539; Fry v. Cook, 8 Chic. L. N. 286, 14 Fed. 424, Fed. Cas. No. 5,138; The Blanche Page, 16 Blatchf. 1, Fed. Cas. No. 1,524. 10 Fulton v. Gilmore, 2 Flipp. 260, Fed. Cas. No. 5.154. 12 Ante, § 672. 14 Low v. Durfee, 5 Fed. 256; United States v. Tetlow, 2 Low. 159, Fed. Cas. No. 16.456. 15 In re Freeman, 2 Curt, 491, Fed. Cas. No. 5,083; Campbell v. Hadley, Hanson v. Fowle, 1 Sawy. 497, 1 Spr. 470, Fed. Cas. No. 2,358. Fed. Cas. No. 6,041. 16 McNutt v. Bland, 2 How. 9, 11 L. ed. 159. officer acting under State law.17 Where, however, the United States sues for a penalty, its judgment can be enforced only by process under State Jaw, and a discharge under a State law will be valid.18 A discharge under this section cannot be granted without a strict compliance with the State law.19 § 1560. same right to privilege of jail limits. Persons imprisoned on process issuing from any court of the United States in civil actions, as well at the suit of the United States as at the suit of any person, shall be entitled to the same privileges of the yards of the respective jails as persons confined in like cases on process from the courts of the respective States are entitled to, and under the like regulations and restrictions. R. S. § 992, U. S. Comp. Stat. 1901, p. 709. Where a bond is required under the State law for jail limits, the sheriff is bound to take such bond from a prisoner confined under process from a Federal court.1 The marshal, however, is not liable for the escape of a prisoner whom he has committed to a State jail.2 § 1561. Penalty for allowing prisoners to escape. Whenever any marshal, deputy marshal, ministerial officer, or other person, has in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge or commissioner, and such marshal, deputy marshal, ministerial officer, or other person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both. R. S. § 5409, U. S. Comp. Stat. 1901, p. 3658. The above section was originally enacted in 1860.4 § 1562. applies to prisoners charged as well as convicted. The preceding section shall be construed to apply not only to 17 McNutt v. Bland, 2 How. 9, 11 L. ed. 159, Bank v. Tyler, 4 Pet. 366, 7 L. ed. 888; Duncan v. Darst, 1 How. 301, 11 L. ed. 139; Catherwood v. Gapete, 2 Curt. 94, Fed. Cas. No. 2,513; In re Hopkins, 2 Curt. 567, Fed. Cas. No. 6.683. See also In re Freeman, 2 Curt. 494, Fed. Cas. No. 5,083. 159, Fed. Cas. No. 16,456. But see United States v. Hewes, Crabbe, 307, Fed. Cas. No. 15,359. 19 Moran v. Secord, 15 Fed. 509; See also Low v. Durfee, 5 Fed. 256. 1United States v., Noah, 1 Paine, 368, Fed. Cas. No. 15,894. 2 Randolph v. Donaldson, 9 Cranch, 76, 3 L ed. 662. 18 Stearns V. United States, 2 Paine, 300, Fed. Cas. No. 13,341. See 69. also United States v. Tetlow, 2 Low. 4 Act June 21, 1860, c. 164, 12 Stat. cases in which the prisoner who escaped was charged or found guilty of an offense against the laws of the United States, but also to cases in which a prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition. R. S. § 5410, U. S. Comp. Stat. 1901, p. 3659. The above section was first enacted in 1860.5 5 Act June 21, 1860, c. 164, 12 Stat. 69. CHAPTER 48. CRIMINAL PROCEDURE IN GENERAL| § 1570. Constitutional guaranty as to trial and place thereof, etc. § 1571. Presentment or indictment when required-double jeopardyaccused as witness against himself. Twelve grand jurors must concur in indictment. Indictment or information for use of mails by counterfeiters, etc. § 1572. § 1573. § 1574. § 1575. Form of indictment for perjury. § 1581. One warrant sufficient on several indictments or charges against same person. § 1582. Copy of writ, warrant or mittimus for jailer-original to be re turned. § 1583. Writ for removal of prisoner from one district to another. § 1584. Writ unnecessary to bring person in custody into court. Standing mute equivalent to plea of not guilty. Accused in capital cases to have copy of indictment and list of witnesses. § 1585. § 1586. § 1587. § 1588. also to have counsel and witnesses summoned for him. Verdict may be for lesser offense than charged. § 1593. § 1594. Power to hold to security for peace and good behavior. § 1595. later provision of act of 1898. § 1596. Continuances grantable in internal revenue prosecutions. 1570. Constitutional guaranty as to trial and place thereof, etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and |