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dered in court before judgment upon scire facias, to wit, thirty days.-Stat. 1784, ch. 10.

These statutes have been adopted in Maine, and this construction has been confirmed by the learned justices of their highest court. So, that if a debtor, being surrendered to the jailer, after a return of non est inventus, and before scire facias, is not taken in execution within fifteen days in Maine, or within thirty days if in Massachusetts, he may lawfully go at large. Thayer vs. Minchin.-5 Greenl. 325.-Maine Stat. 1821, ch. 67.

4. Of discharging prisoners where no security is provided for their support, and herein of the support of prisoners.

The general rule is, that prisoners of every description shall be held to furnish their own support, and when they are of sufficient ability, they may be compelled to refund any expenses for their maintenance.

When a debtor has the liberty of the jail yard or prison limits, he cannot claim relief as a pauper, consequently the keeper of the jail has no concern with the expenses of his maintenance.-Stat. 1819, ch. 95.

When a debtor in close prison claims relief as a pauper, the keeper of the prison, after twenty four hours from the time he makes such claim, shall furnish him relief and support at the charge of the creditor, so long as he remain in close confinement at the suit of such creditor, at the rate of one dollar and twenty-five cents a week.-Stat. 1821, ch. 22.

If the jailer, at the time of the commitment of any person upon mesne process, or execution, shall require of the creditor, his attorney, or of the officer making the commitment, security for the expense of supporting such debtor, in case he shall claim relief as a pauper, unless satisfactory security is given, or the money advanced, he shall be under no obligation to furnish support for said debtor as a pauper; and the keeper may, after twenty-four hours from the time such debtor claims relief as a pauper, discharge him from impris onment. Stat. 1821, ch. 22.

When a debtor is thus released, the debt and costs are not discharged, but remain a legal claim, together with all sums paid by the creditor for his support, against the goods and estate of the debtor, but not against his body.-Ibid, sec. 4.

The creditor may discharge his debtor from jail at any time, and such discharge shall not release the judgment, but the same, together with all sums paid for the debtor's board, shall remain a legal claim against his estate, but not against his body,-Stat. 1819, ch. 94.

So if a debtor, surrendered by his bail, shall be confined in close prison, he shall be entitled to the benefit of the acts above recited. But the bail must support the principal until he shall notify the creditor or his attorney of the time of the surrender, and that the prison keeper requires satisfactory security for the expenses of his support.-Stat. 1824, ch. 124.

In the construction of these acts it was held before the passing of the act of 1824, that a debtor surrendered by his bail after the return of non est inventus, on the execution, was not committed either on mesne process, or execution, so that the creditor was not liable for his board, he not having been committed by his direction, and without his knowledge.-2 Pick. 442.

For a debtor "to claim relief as a pauper," it is sufficient that he represent himself as poor, and any notice to the overseers of the poor is not required.-3 Pick. 259.

Nor is it necessary, that the jailer should use any precise form in making a demand for security for the support of the debtor; if it is made in terms such as the officer cannot mistake, it is sufficient.-Ibid.

So, if the officer states, that neither the creditor or his attorney will make any provision or give any security, a demand is unnecessary. The officer being an agent whose refusal binds the creditor--Ibid.

If the debtor is notoriously able to support himself, this may be shown as evidence of collusion between him and the jailer.-Ibid.

There are some anomalous cases that often suggest doubts, as to the proper construction of these statutes;

but it is believed, that by the application of proper principles, the difficulties may be removed.

The statute applies only to the board of poor debtors, committed on mesne process, or execution.

Criminals, committed upon warrants in favor of the Commonwealth, are supported at the expense of the State, and are not within the statute.

In the case of persons imprisoned under the acts for the non-payment of taxes, by collectors of towns and parishes, they are committed upon warrants of distress, and it has been the practice to notify the town, where the tax debtor has his lawful settlement in the same manner as before the passing of the acts respecting board.

On prosecutions for the non-payment of fines, under the acts regulating the militia, it has been considered in analogous cases, that the clerk of the company is plaintiff, as he only can institute the suit, can arrest it in any of its stages, and has the sole power of discharging the execution, and that he is a creditor, within the acts mentioned.---12 M. R. 271.

Upon the process for bastardy, for similar reasons, it would seem, that the mother who is the prosecutor, and who can stop the progress of the suit, in any of its stages, is a creditor, within the meaning of the statute.--Stat. 1785, ch. 66.

The question whether the process under this statute is criminal or civil, has been often agitated in almost all the higher courts in New England; and where the statutes resemble ours, it is believed the decisions will lead to the foregoing conclusion.---2 Dane, 517---6 Pick. 106---2 Conn. 357.

In Maine, a case has occurred, wherein it was important to examine, with some nicety, the principles of this bastard process, and it has been there determined, that to most intents, it is a civil suit, the prevailing party recovers costs, depositions can be used, and the party can appear by attorney. Their statute is a transcript of our own.-2 Greenl. 170,

4. On the support and discharge of criminals.

Poor prisoners confined as criminals, whether under sentence or upon suspicion of crime are supported by the commonwealth, unless they are of ability to supthemselves.

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The jailer is to present his accounts, on oath, to the county commissioners, at each of the terms of said court, stating the time each prisoner was committed, for what offence, how long held, when discharged, together with copies of the warrants and discharges, to be left with the court; and in said account shall credit the prisoner with all sums received by him of the prisoner, or of others on his account: and the court shall examine the accounts, and inquire what sums the pris oner is able to pay, and for such sums as he may be unable to pay, the court shall make the jailer a reasonable allowance from the county treasury; provided the same shall not exceed five shillings a week, for the board of any one prisoner.-Stat. 1794, ch. 48.

The counties are allowed this sum from the state treasury; in practice, they have made in some instances, a further allowance to the jailer of two shillings a week, for the board of a criminal, which is paid by the county, and not by the state. The expenses for bedding and clothing are likewise paid for by the county, in addition to the above.

The jail keeper shall furnish necessary fuel for all prisoners unable to support themselves, at the expense of the county. The accounts of the jailer for which, shall be paid from the county treasury, being presented to the county commissioners for their allowance, on oath. Stat. 1823, ch. 148.

When any criminal shall have been in jail three months for costs of prosecution only, the court of commou pleas may direct the sheriff to dispose of such criminal to service to some person for a term not exceeding two years, until the amount of such costs are paid from his earnings.-Stat. 1799, ch. 7.

Power is given to the supreme judicial court to release from jail any criminal by them committed for

fine and costs only, whenever such person has been imprisoned three months.-Stat. 1805, ch. 69.

Similar powers are given to the court of common pleas, and municipal court of Boston, to release any person committed by them, or by a justice of the peace, after such person has been imprisoned three months for fine and costs only. It is made the duty of said courts to order said prisoner to give his note to the county treasurer for the amount of said fine and costs, to the use of the county.-Ibid.

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By our laws, sheriffs and jailers have no power to let to bail persons arrested or committed on charge of crimes. The recognizance must be taken by one or more justices of the peace, or justices of some of the higher courts.

The constitution provides that excessive bail shall not be required.

When one is arrested on a warrant from a justice of the peace, it is the duty of the officer forthwith to carry the person before a justice of the peace for examination, and the justice will either discharge, commit, or order him to recognize.-Stat. 1783, ch. 51.

If he is taken by a warrant or capias from either of the higher courts, after indictment found, the officer will then take the prisoner before a justice of the peace, that he may recognize in like manner.

If a person stands committed by a warrant from a justice of the peace, on charge of crime, he may be let to bail by the same, or any other justice in the county.

By the habeas corpus act, the supreme court in term time, or any one of the judges thereof in vacation, may proceed to examine the causes for which any person brought before them is imprisoned, and may let him to bail upon reasonable sureties. And when any person is committed upon mesne process, they may inquire whether the bail required is excessive, and may discharge him upon reasonable bail. But if it shall appear that he is restrained without due order of law, or sufficient cause, they may discharge him from imprisonment.-Stat. 1784, ch. 72.

The same powers appear to be given in all bailable offences, to any judge of the common pleas, or to two

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