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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 execudischarge him, her or them, on paying the prison fees : And provided further, That in case more than one year May have and a day shall have elapsed since the return of execu- execution
although tion against the principal, before the surrender or commitment by the bail, the creditor shall have his execution, a year, &c.
has elapsto the end that the principal may be taken thereon, notwithstanding more than a year and a day shall have elapsed since the return of the former execution.
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 ed. 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 remedy
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 commitprocess 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 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 P55 '65 67 574 '84 '98 1801, '03 '05 '06 '09 '16 '17 '18 22.
An act for the relief of poor persons imprisoned for debt.
Section 1. Be it enacted by the General Assembly, and by the nuthority 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 low unto any person imprisoned for debt, either upon &c. ongir. 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
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, Condition. a prisoner in the State jail in
within the county of 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
Narragansett tribe of Indians, committed to jail for debt, within the upon mesne process or execution, shall be considered as act.
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 'bond may sura persons who shall become surety or sureties in any bond render his given by any debtor for the liberty of the jail-yard as principal. 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 Who 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
of said sheriff, or be otherwise discharged according to And surelaw; 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 sued, shall be put in suit and judgment recovered thereon, the not allowparties thereto shall not be entitled to relief from any of ed the libe
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 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
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
ed. where such person shall be committed, that he hath no May comestate, real or personal, wherewith to support himself in Justice 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 State, to appear at such time and place as the said judge 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.
on the creditor, his agent or attorney as aforesaid, seven days at least before the time appointed as aforesaid, by reading the same to him, or by leaving an attested copy thereof at his last and usual place of abode, by the sheriff, his deputy or either of the town-sergeants or constables in the county in which such creditor, his agent or
attorney, shall reside; and any one of the judges of the Justices to
court of common pleas and any one justice of the peace administer in said county, who shall be disinterested, and not relatthe oath. ed to either of the parties, are hereby empowered at the
time and place appointed as aforesaid, to examine the return of said notification; and if it shall appear to have been duly served, to administer the oath or affirmation hereinafter prescribed, to the party imprisoned as aforesaid; if after fully examining the prisoner under oath, and hearing the parties, the said justices shall think it proper so to do; which oath or affirmation shall be as
follows: Form of
I do solemnly swear, (or affirm,) that I have not any estate, real or personal, in possession, remainder or reversion, over ten dollars, and that I have not, since the commencement of this suit against me, or at any other time, directly, or indirectly sold, leased or otherwise conveyed or disposed of to, or entrusted any person or persons whomsoever with, all or any part of the estate, real or personal, whereof I have been the lawful owner or possessor, with any intent or design to secure the same, or to receive or to expect any profit or advantage therefrom, for myself or any of my children or family, or have caused or suffered to be done any thing else whatsoever, whereby any of my creditors may be defrauded : so help me God! or this affirmation I make and give upon peril of the penalty of perjury: Which oath or affirmation being administered by the said justices to, and taken by such
prisoner, and a certificate thereof made under the hands And grant and seals of the said justices administering the same, to
the keeper of such prison, the prisoner shall thereupon
be discharged therefrom, if he is not committed for any House- other cause : Provided however, That any housekeeper, keeper's oath. imprisoned as aforesaid, shall be allowed to avail himself
of the provisions of this act, if he will make oath as aforesaid, that he hath not any estate, real or personal, in possession, remainder or reversion, except what is exempt from attachment by law; and the said justices are hereby authorized to vary the form of the oath aforesaid ac
cordingly; and the certificate to be made by the justices aforesaid shall be in the form following, viz:
keeper of the jail at Form of in the county of
the certifi; We the subscribers, authorized by the statute in such case made and provided, do certify that
a 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
administered to him the oath
Justice of the court