Ex parte Barclay

PUTNAM, Circuit Judge.

The petitioner was tried and convicted in this court under section 3062 of the Revised Statutes [U. S. Comp. St. 1901, p. 2007]. The only penalty imposed for the offense is a fine of not more than $1,000 nor less than $50. No penalty of imprisonment is provided. The sentence imposed, or the order incorporated therewith, directed in the usual form that, in default of payment of the fine, Barclay should stand committed to jail until the fine should be paid or he should be otherwise discharged according to law. *670The mittimus or warrant followed the sentence in this respect.…