A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State.
Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States magistrate judge for the judicial district wherein the defendant is held.
June 25, 1948, ch. 64662 Stat. 960Pub. L. 90–578, title IV, § 402(b)(2)82 Stat. 1118Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , , ; , , .)
Historical and Revision Notes
May 28, 1896, ch. 252, § 1929 Stat. 184Mar. 2, 1901, ch. 81431 Stat. 956Mar. 3, 1911, ch. 231, § 29136 Stat. 1167Based on title 28, U.S.C., 1940 ed., §§ 843, 844, and 845 (R.S. §§ 990, 991, 992; , ; , ; , ).
Changes were made in phraseology.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of this titlePub. L. 90–578“United States magistrate judge” substituted for “United States magistrate” in subsec. (b) pursuant to , set out as a note under . Previously, “United States magistrate” substituted for “United States commissioner” pursuant to . See chapter 43 (§ 631 et seq.) of this title.