10. Of the laws of New Hampshire upon imprisonment

for debt.

The prison limits are co-extensive with the limits of the several shire towns.-Stat. N. H. 1829, ch. 109.

Any person imprisoned for debt who shall not have property to the amount of $20, except the goods exempted from attachment, may apply to any two justices of either of the judicial courts, or to any two commissioners of jail delivery of the county, to be admitted to the poor debtors' oath. Either of the said officers may make an order on the application appointing the time and place for considering said application, and the debtor shall cause the creditor to be served with a copy thereof, at least 15 days before the time appointed for the hearing.

If it happens that one of the justices is necessarily detained, the other may adjourn the hearing not exceeding ten days.-Stat. N. H. 1829, ch. 129.-Ibid, ch. 71.

If at the hearing the creditor can make it appear to the satisfaction of the justices, or commissioners, that the prisoner has prasticed fraud, deceit or falsehood, in the management of his estate, in order to take advantage of the act; then he shall not be admitted to the oath.-Ibid.

Before the debtor can apply for the benefit of the act, it is essential that he deliver over all his property not exempted from attachment, in payment of the execution, at the appraisement of the justices.-Ibid.

If the debtor does not prevail upon his application for the oath, the creditor shall recover such costs as are usually taxed in the judicial courts; and no subsequent application for the oath can be sustained until the costs so taxed, have been fully paid.-Ibid.

Any person imprisoned upon mesne process or execution, may have the liberty of the jail yard, upon payment of chamber room, not exceeding 17 cents a week, upon giving bonds to the creditor with two sureties, freeholders, to be bound in double the sum for which the debtor is imprisoned, conditioned that the debtor

shall continue a true prisoner in the custody of the jailer, within the limits of the prison as by law established, without committing any escape.-Ibid.

The bond must be approved either by the creditor, his attorney, or by two justices, and must be given to the creditor upon his giving a receipt therefor, and the jailer is not liable for an escape, after the bond is executed.-Ibid.

Upon a breach of the bond, the creditor may recover the amount of the execution with ten per cent. interest from the time of commitment.-Ibid.

The articles exempted from attachment in New Hampshire, are, wearing apparel, necessary for immediate use, two comfortable beds and bedding, household furniture to the value of twenty dollars, bibles and school books, one cow, one ton of hay, one hog, and one pig, not over six months old, tools of his occupation to the value of twenty dollars, six sheep with their fleeces, while in possession of the owner of the sheep.Ibid.

The laws in this state, in general concerning the building, maintaining and regulating jails, as well as those concerning the liabilities for escapes, are the same as in Massachusetts.-Stat. N. H. 1829, ch. 109.

Any person resisting an officer, or rescuing any prisoner in the custody of any sheriff or other officer, is liable to be punished by imprisonment or fine not exceeding $300.-Stat. N. H. 1829, ch. 101.

The jurisdiction of justices of the peace, is limited to $13,33; and the body of a debtor cannot be arrested either on mesne process, or execution, for a less sum.-Stat. N. H. 1828, ch. 82.-Ibid, ch. 94.

The laws for serving writs, attaching property on mesne process, and holding to bail, are generally like ours. But when a summons is left, it shall be indorsed by the officer serving the writ, setting forth the bond or note declared on, with the endorsements thereon, the amount of any account annexed to the writ, and in general, shall give a brief statement of the cause of action, as set forth in the declaration of the writ.Stat. N. H. ch. 94.

Real estate is attached by leaving a copy of the writ, and return with the town clerk.-Ibid.

11. Of the laws of other States.

In Connecticut, the county courts establish the prison limits, or debtors' liberties. They are granted upon bond to the sheriff, conditioned that the debtor will remain a faithful prisoner, within the limits of the prison, until lawfully discharged.-Conn. Stat. 251.

The limits are considered as an extension of the prison walls, and the debtor is considered to be in custody.-1 Swift's Dig. 543.

The sheriff may admit the debtor to these limits without a bond, as he takes the responsibility.-Ibid..

Any departure from the limits for ever so short a time, is an escape, for which the sheriff is liable; but not if the debtor be carried away by force.-Ibid, 544. But if the sheriff re-takes the prisoner upon fresh pursuit, before an action is brought against him, he is not liable.

If this departure is with the knowledge of the sheriff, he may be liable for a voluntary escape.

So, when on notice to the sheriff, that this is the practice of the debtor, and he refuses to put him into close confinement, it may be considered a voluntary escape_notwithstanding a retaking on fresh suit.-2 Conn. Rep. 473.

In Vermont and Rhode Island, the laws are substantially the same as in Connecticut.-2 Mason, 530.8 Pick. 138.

F. Liability of jailers for escape of prisoners. 1. What is an escape from jail.

Escape signifies a violent or private evasion from lawful restraint.-1 Black. 152.

Escapes are either voluntary or negligent; the former, when, by the express consent of the keeper, and the latter, when without his knowledge, but by some fault imputable to his neglect.-3 Bl. Com. 414.Wms. Hob. 60.

Prisoners must be kept in close and safe custody, and any liberty given to a prisoner not authorized by statute, is an escape. Voluntary escapes, therefore, may be divided into direct escapes, as when the jailer permits his prisoner to go at large; and constructive, as when he consents to such acts as releases the prisoner from restraint, and suffers him to go at large if he chooses.

It is therefore a voluntary escape on the part of the jailer, if he makes a prisoner a turnkey, or intrusts him with the keys in such manner that he may liberate himself.-Com. Dig. Escape C-2 Mason, 486.

So, if a woman, keeper of the jail marries her prisoner, it is an escape, for a man cannot be in custody of his wife.-Ibid.

If the sheriff be arrested and committed to the county jail, it is an escape upon the part of the officer who makes the commitment.-6 Johns. 22.

So, if the jailer himself be arrested by a coroner, when the sheriff is not present at the jail to receive him, it is an escape upon the part of the sheriff.-5 M. R. 310.-11 Ibid, 181.

Although the commitment of the jailer is an escape, so far as it regards himself, yet it is not an escape of the other prisoners in the jail.---2 Mason, 530.

Nor would the intrusting of the keys to one of the prisoners, or making him a turnkey, operate to discharge any of the prisoners but himself.---Ibid. 2. Punishment of jailer for suffering a voluntary escape.

Every jailer or prison keeper that shall voluntarily suffer any prisoner committed unto him to escape, shall suffer and undergo the like pains, punishments and penalties, as the prisoner, so escaping, should by law for the crime or crimes wherewith he stood charged, if he had been convicted thereof.-Stat. 1784, ch. 41.

3. Penalty for suffering a negligent escape.

If any jailer or prison keeper shall, through negligence, suffer any prisoner accused of any crime, to escape, he shall pay such fine as the justices of the court

before whom he is convicted, shall in their discretion inflict, according to the nature of the offence, for which the escaped prisoner stood convicted.-Ibid.

4. Sheriff liable for escape through insufficiency of jail.

Where the escape of any prisoner shall happen through the insufficiency of the jail, or the negligence of the sheriff or jailer, the sheriff of the county in which the escape happens, shall stand chargeable to the plaintiff, creditor, or other persons at whose suit, or for whose debt he was committed, or to whose use any forfeiture was adjudged against such prisoner.Ibid.

5. Proviso, if taken on fresh pursuit.

But if any person who stands committed for debt shall escape from prison, and the sheriff, jailer or prison keeper shall, within three months next after such escape, recover the prisoner so escaped, and return him back to prison again, the sheriff shall be liable to nothing further than the cost of any action that may have been commenced against him for such an escape.

6. May sue for indemnity of the county.

In case the escape shall happen through the insufficiency of the jail, the commissioners of the county shall have power and authority to assess the sum or sums upon the polls and estates of the county, and to order the county treasurer to pay the same over to the sheriff of the county; and if the commissioners shall not make such assessment, and if the treasurer shall not pay such sum or sums within six months next after the demand shall be laid before the commissioners, then the sheriff of the county may bring his action against the inhabitants of such county, to be heard and tried either in that or one of the next adjoining counties at his election.-Ibid.

7. Penalty for assisting prisoners to escape.

If any person shall directly or indirectly, without the knowledge or privity of the keeper, convey any instrument, tool, or other thing whatsoever, to any prisoner, or into any prison, whereby any prisoner might break the prison, or work himself unlawfully out of the same,