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in order to be taken on execution: and if the creditor Creditor
to take the shall not, within thirty days next after the rising of such principal court, take the principal in execution, the sheriff shall in execu
tion. discharge him, her or them, on paying the prison fees : " And provided further, That in case more than one year Mayh and a day shall have elapsed since the return of execu- execution tion against the principal, before the surrender or com
Come more than mitment by the bail, the creditor shall have his execution, a year, &c. to the end that the principal may be taken thereon, not- nas withstanding more than a year and a day shall have elapsed since the return of the former execution. was Sec. 5. And be it further enacted, That no writ of scire Limitafacias shall be served upon the bail, unless it be within tion vs. two years next after the entering up of final judgment against the principal; and every such service shall be Sci. fa. by reading the same to him, or leaving an attested copy thereof at his, her or their last and usual place of abode.
Sec. 6. And be it further enacted, That the bail may have Bail's remedy, by action on the case, against his, her or their res
vs. principrincipal, for all damages sustained by his, her or their pal. becoming sureties as aforesaid.
Sec. 7. And be it further enacted, That if any person or Person persons be committed to jail for want of bail on mesne to
ted for process in a civil action, and final judgment shall be ren- want of dered against him, her or them, in such suit, he, she or bail, when
to be they shall be detained in such jail for the space of thirty taken in days after the rising of the court at which such final execution. judgment shall be rendered, in order to be taken in execution; and if the creditor shall not, within thirty days after the rising of such court, take the principal in execution, the sheriff shall discharge him, her or them, upon paying the legal prison fees.
1727, '28, '47 '50 55 '65 67 574 '84 '98
1801, '03 An act for the relief of poor persons imprisoned for debt. :0506209
'16 '17 '18
*22. Section 1. Be it enacted by the General Assembly, and by the
Debtor al• authority thereof it is enacted, That it shall and may be law- lowed the ful for the sheriffs of the several counties, to grant or al- liberty of
the yard, low unto any person imprisoned for debt, either upon &c. ongiv. mesne process or execution, or for non-payment of any ing bond. military fine, or town and state taxes, or upon surrender or commitment by bail, or by former sureties for the liberty of the jail-yard, a chamber or lodging in any of the houses or apartments belonging to such prison, and lib
ble Pfirst giving bonbitants of and rally in double line form
erty of the yard within the limits thereof, upon reasonable payment to be made for chamber room; such prisoner first giving bond to the creditor, with two sufficient sureties, being inhabitants of and freeholders within this State, bounden jointly and severally in double the sum for which he or she is imprisoned, with condition in form
following, viz: “ That if the above bounden, now Condition. a prisoner in the State jail in
within the county at the suit of
do and shall from henceforth continue and be a true prisoner in the custody, guard and safe keeping of
keeper of the said prison, and in the custody, guard and safe keeping of
his deputy, officers and servants, or some one of them, within the limits of the said prison, until he shall be lawfully discharged, without committing any manner of escape or escapes during the
term of his or her) restraint, then this obligation to be Damages void, or else to remain in full force and virtue :" And in
case the creditor shall put the said bond in suit, and shall obtain judgment thereon, for the breach of the condition aforesaid, he shall recover his just debt, with the interest from the time judgment was rendered in the original suit, and twelve per cent. thereon for his damages; and the
court shall render judgment accordingly. Narragan- Sec. 2. And be it further enacted, That any one of the sett In
- Narragansett tribe of Indians, committed to jail for debt, within the upon mesne process or execution, shall be considered as
a poor prisoner within the true intent and meaning of this act, notwithstanding such prisoner may have estate real or personal in common with the said tribe or otherwise ; and shall be entitled to and may receive all the benefits
and advantages hereof. Surety in Sec. 3. And be it further enacted, That any person or 'said bond
10 persons who shall become surety or sureties in any bond render his given by any debtor for the liberty of the jail-yard as ipal. aforesaid, shall have a right at any time to deliver up the
principal in said bond to the sheriff of the county in which such debtor may have been committed, or to the
keeper of the jail therein, to be recommitted to close shall prison; and it shall be the duty of the sheriff or keeper be recom- of such jail, upon such surrender of the principal by the mitted.
surety or sureties as aforesaid, to recommit such principal, and him or her detain, in the same manner as though he or she had not been liberated on bond, until he or she shall give other bond with sureties to the satisfaction
eties as aforessender of the point or keeper
of said sheriff, or be otherwise discharged according to And sure
ty dislaw; and the surety or sureties having so delivered up charged. the principal as aforesaid, shall not be liable for any escape thereafter committed by the principal aforesaid.
Sec. 4. And be it further enacted, That when any bond Bond begiven for the enlargement of any prisoner as aforesaid, ing shall be put in suit and judgment recovered thereon, the not allow
fed the libparties thereto shall not be entitled to relief from any of edt
Tom any verty of the the provisions hereinbefore contained; but he or they yard. shall be committed to close jail, there to remain until the execution shall be paid, or until he or they be discharged by the creditor or creditors therein named, or otherwise by order of law.
Sec. 5. And be it further enacted, That any person con- Prisoners fined in any prison, who may hereafter give bond for the may coinliberty of the yard, pursuant to this act, may and shall buildings; be at liberty thereafter to pass over any highway, or &c. into any houses, lands or tenements or public buildings, within the exterior limits of the yard as established by law, and to abide and remain therein, without being deemed to have committed an escape or forfeited such bond: Provided however, That nothing herein contained shall be proviso: construed to authorize any trespass upon the property or possession of the owner or tenant of any such houses, lands or tenements whatever.
Sec. 6. And be it further enacted, That no action shall Limitation be hereafter maintained for the breach of any bond given of action
on bond. for the liberty of the yard as aforesaid, unless the same be brought within one year from and after such breach committed.
Sec. 7. And be it further enacted, That if any person im- Prisoners prisoned for either of the causes in the first section of this how to be act prescribed, shall complain to any judge of the court dischargof common pleas, or justice of the peace in the county u. where such person shall be committed, that he hath no May comestate, real or personal, wherewith to support himself in lustice of prison, or to pay prison charges, and shall request the the peace, privilege and benefit prescribed by this act, such judge or justice shall forthwith issue a notification to the creditor, if within this State, or if such creditor does not live Who shall within the State, then to his agent or attorney within this notify the
creditor. State, to appear at such time and place as the said judge se or justice shall appoint, to shew cause, if any he hath, why the person complaining as aforesaid should not have How servthe benefit of this act; which notification shall be served ed.
of ere such or person
cordingly; and the certificate to be made by the justices
Form of in the county of
the certifi: We the subscribers, authorized by the statute in such case made and provided, do certify that poor prisoner, confined upon mesne process, (or otherwise as the case may be,) in the prison at aforesaid, hath caused
the party at whose suit he was so confined, to be notified according to law, of his the said
desire of taking the benefit of an act entitled “an act for the relief of poor persons, imprisoned for debt;" that in our opinion the said
hath not any estate, either real or personal, (except what is exempt from attachment by law,) sufficient to support himself in prison, and that he hath not conveyed or concealed his estate, with design to secure the same to his own use, or to defraud his creditors; and that we have, after due caution, to the said th
administered to him the oath or affirmation prescribed in the act aforesaid. -Witness our hands and seals this
day of SRA. D.
(Justice of the court
of common pleas,
Justice of the peace. Sec. 8. And be it further enacted, That if any such pris- Penalty oner as aforesaid shall be convicted on indictment of hav- for frau
e dulently ing sold, leased or otherwise concealed or disposed of, dis or entrusted his or her estate, or any part thereof, direct- of estate, ly or indirectly, contrary to his or her oath or affirmation aforesaid, he or she shall not only be liable to the pains and penalties of wilful perjury, but shall receive no benefit from said oath or affirmation; and in case such prisoner at the time of the intended caption shall not take the said oath or affirmation, or be not admitted thereto by the said justices, he or she shall be remanded back to prison, and shall not be entitled to the benefit of this act unless a new notification be made out and served in manner aforesaid.
Sec. 9. And be it further enacted, That all and every judgment obtained against any such prisoner shall, not