Page:United States Statutes at Large Volume 54 Part 1.djvu/726

 PUBLIC LAWS-CHS. 448, 449-JUNE 29, 1940 ance with and subject to the provisions of the Act of May 25, 1938 53 tat. 652. (52 Stat. 442), as amended May 3, 1939 (Public, Numbered 63, 5U.S.C., Supp.V, u1e. Seventy-sixth Congress). Approved, June 29, 1940. [CHAPTER 449] AN ACT June 29,1940 [H. R. 7343] To amend certain laws governing Federal prisoners, and for other purposes. [Public, No. 679] Be it enacted by the Senate and House of Representatives of the Parole of U. S. United States of America in Congress assembled, That section 3 of prisoners, the Act of May 13, 1930 (46 Stat. 272; U. S . C., title 18, sec. 723c), is amended to read as follows: Warrants to retake "SEc. 3 . The said Board, or any member thereof, shall hereafter paole v olatng have the exclusive authority to issue warrants for the retaking of any United States prisoner who has violated his parole. The unexpired term of imprisonment of any such prisoner shall begin to run from the date he is returned to the custody of the Attorney General under Original sentence said warrant, and the time the prisoner was on parole shall not not diinishd. diminish the time he was originally sentenced to serve." SEC. 2. Section 5 of the Act of June 25,1910 (36 Stat. 820; U. S. C., title 18, sec. 718), is amended to read as follows: officers authorized "SEC. 5 . That any officer of any Federal, penal, or correctional insti- execute warrant. tution or any Federal officer authorized to serve criminal process within the United States, to whom such warrant shall be delivered, is authorized and required to execute such warrant by taking such prisoner and returning him to the custody of the Attorney General. Payment of ex- All necessary expenses incurred in the administration of this Act penses . shall be paid out of the appropriation for the institution in connec- tion with which such expense was incurred, and such appropriation is hereby made available therefor." SEC. 3. Section 6 of the Act of June 25, 1910 (36 Stat. 820; U. S . C., title 18, sec. 719), is amended to read as follows: Opportunity to "SEC. 6. When a prisoner has been retaken upon a warrant issued appear before Board of Parole, etc. by the Board of Parole, he shall be given an opportunity to appear before said Board of Parole, a member thereof, or an examiner desig- nated by the Board. The said Board may then, or at any time in its discretion, revoke the order and terminate such parole or modify the Revocationofparole terms and conditions thereof. If such order of parole shall be revoked and the parole so terminated the said prisoner shall serve the remainder of the sentence originally imposed; and the time the prisoner was out on parole shall not be taken into account to diminish the time for which he was sentenced." SEC. 4. Section 5296 of the Revised Statutes (U. S . C., title 18, sec. 641) is amended to read as follows: Inability to pay "SEC. 5296. When a poor convict, sentenced by any court of the United States to be imprisoned and pay a fine, or fine and costs, or to pay a fine, or fine and costs, has been confined in prison thirty days, solely for the nonpayment of such fine, or fine and costs, such Applicationforhear- convict may make application in writing to any commissioner of the United States court in the district where he is imprisoned setting forth his inability to pay such fine, or fine and costs, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shall proceed to hear administration of and determine the matter. If on examination it shall appear to him that such convict is unable to pay such fine, or fine and costs, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the commissioner shall administer to him the following oath: 'I do solemnly swear that I have not any property, real or personal, to 692 [54 STAT.

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