742

Case No. 16,746.

UNITED STATES v. WISE.

[1 Cranch, C. C. 546.]1

Circuit Court, District of Columbia.

July Term, 1809.

PRISON BOUNDS—RIGHTS OF PRISONERS.

Every prisoner not committed for treason or felony, is entitled to the benefit of the prison bounds, upon giving security.

Debt on prison-bounds bond; oyer of bond and condition; and general demurrer to the declaration. The question is whether a prisoner, committed at the suit of the United States, not for treason or felony, is entitled to the prison's bounds, upon giving security under the act of congress of 3d of March, 1803 (2 Stat. 237).

THE COURT (DUCKETT, Circuit Judge, absent) were of opinion that the bond was good and well taken.

Judgment for the plaintiffs on the demurrer.

1 [Reported by Hon. William Cranch, Chief Judge.]

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