PRISONER RELIEF

Statues at Large: Volume 1 Stat 561

CHAP. XLIX. - An Act providing for the Relief of persons imprisoned for Debt's due to the
United States.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That any person imprisoned upon execution issuing from Any
Court of the United States, for a debt due to the United States, which he shall be unable to
pay, may, at any time after commitment, make application, in writing, to the Secretary of the
Treasury, stating the circumstances of his case, and his inability to discharge the debt; and it
shall thereupon be lawful for the said Secretary to make, or require to be made, an examination
and inquiry into the circumstances of the debtor, either by the oath or affirmation of the debtor,
(which the said secretary, or any other person by him specially appointed, are hereby
authorized to administer) or otherwise, as the said secretary shall deem necessary and
expedient, to ascertain the truth ; and upon proof being made to his satisfaction, that such
debtor is unable to pay the debt for which he is imprisoned, and that he bath not concealed, or
made any conveyance of his estate, in trust, for himself or with an intent to defraud the United
States or deprive them of their legal priority, the said secretary is hereby authorized to receive
from such debtor, any deed, assignment, or conveyance of the real or personal estate of such
debtor, if any he hath, or any collateral security to the use of the United States; and upon a
compliance by the debtor, with such terms and conditions as the said secretary may judge
reasonable and proper, under all the circumstances of the case, it shall be lawful for the said
secretary to issue his order, under his hand, to the keeper of the prison, directing him to
discharge such debtor from his imprisonment under such execution, and he shall be accordingly
discharged, and shall not be liable to be imprisoned again for the said debt; but the judgment
shall remain good and sufficient in law, and may be satisfied out of any estate which may then,
or at any time afterwards, belong to the debtor.
Sec. 2: And be it further enacted. That if any person shall falsely take an oath or affirmation
under this act, he shall be deemed guilty of perjury, and be subject to the pains and penalties
provided in the third section of an act, intituled “An act for the relief of persons imprisoned for
debt."
Sec. 3: And be it further enacted. That the benefit of this act shall not be extended to any
person imprisoned for any fine, forfeiture or penalty, incurred by a breach of any law of the
United States, or for monies had and received by any officer, agent, or other person, for their
use. APPROVED, June 6, 1798.
 MISTAKE: ID AS SURETY
FEDERAL RULES OF CIVIL PROCEDURES
Rule 60. Relief from a Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a
clerical mistake or a mistake arising from oversight or omission whenever one is found in a
judgment, order, or other part of the record. The court may do so on motion or on its own, with
or without notice. But after an appeal has been docketed in the appellate court and while it is
pending, such a mistake may be corrected only with the appellate court's leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms,
the court may relieve a party or its legal representative from a final judgment, order, or
proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been
discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or

misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier
judgment that has been reversed or vacated; or applying it prospectively is no longer
equitable; or

(6) any other reason that justifies relief.

CANON OF POSITIVE LAW

Article 142 - Mistake

Canon 2392
A Mistake, also known as a Mistake of Fact is an erroneous belief or trust that
certain facts are true when committing a reasonable action. A Mistake of Fact
does not exist when an action is
considered unreasonable.
Canon 2393
A Reasonable action in terms of a Mistake of Fact is any action that one would
expect to represent the norms of respectful society and behaviour, thus
excluding such actions as violence, depravity, perfidy, fraud and other acts
considered universally as anti-social and grossly disrespectful.

Canon 2394
A Mistake of Fact is not permitted to be argued when the alleged actions by the
person are grossly unreasonable.

Canon 2395
In the permitted admission of a Mistake of Fact, any assumed surety for
liability from alleged injury ceases to exist.

Canon 2396
A person is not considered to consent who commits a mistake.

Canon 2397
Any person permitted to admit a Mistake of Fact must be offered relief to
any alleged injury in addition to cessation of any claimed surety for any
liabilities associated with the alleged injury .

Canon 2398
Any competent authority that refuses to release a person from surety
for any liability upon a permitted admission of Mistake of Fact fully
consents to assume the liability for themselves.

Canon 2399
Any competent authority that refuses to offer relief to a person upon a
permitted admission of Mistake of Fact is guilty of fraud and a gross injury
to the law.

Canon 2400
When a person has been deliberately deceived by fraud, then neither mistake
nor injury exists.

Canon 2401
Excluding fraud, consent obviates a mistake.
 LETTER OF RELIEF

Chapter I. ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF

THE TREASURY
27 CFR 19.171 - Surety notice of relief from bond liability.

§ 19.171 Surety notice of relief from bond liability.

(a)Notice to principal. A surety on a bond may, at any time, notify the principal in writing that
the surety desires to be relieved of liability under the bond.

(b)Notice to TTB. A surety on a bond may, at any time, notify the appropriate TTB officer in
writing that the surety desires to be relieved of liability under the bond. The notice must specify
the date after which the surety desires to be relieved of liability. In the case of a withdrawal
bond, the date specified in the notice must be at least ten days after the notice is received by
the appropriate TTB officer. In the case of an operations bond or unit bond, the date specified in
the notice must be at least 90 days after the notice is received by the appropriate TTB officer.
When a surety files a termination notice with TTB, the surety must include either an
acknowledgement from the principal that the principal is aware that the surety is terminating
the bond or proof that the surety has served the principal with notice of its intent to terminate
the bond.

(c)Effect of notice. The bond coverage will end as of close of business on the date specified in
the notice, provided the surety timely filed a proper and complete termination notice, and the
surety does not withdraw its termination notice in writing prior to the termination date. The
surety will be released from future liability under the bond to the extent set forth in § 19.172.

(26 U.S.C. 5173, 5175, 5176)

Appropriate TTB officer.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade
Bureau (TTB) authorized to perform any functions relating to the administration or enforcement
of this part by TTB Order 1135.19, Delegation of the Administrator's Authorities in 27 CFR Part
19, Distilled Spirits Plants