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SECT. 11. All prisoners shall be permitted to provide Prisoners to be and send for their necessary food, where they please; furnish their permitted to and to use such bedding, linen and other necessaries, be- own necessalonging to them, as they think fit, free from charge, and ries. without their being purloined and detained. And no Legal fees only keeper of a common gaol shall demand of any prisoner to be demandgreater fees for his commitment, discharge or chamber- ed. room, than such as are allowed by law.

Debtors not to be lodged in with crimin

the same room

SECT. 12. Prisoners for debt shall not be lodged in any common gaol, in the same room with criminals: and if any gaoler or keeper of a prison shall offend herein, he shall forfeit and pay to every prisoner for debt, aggriev- als. ed thereby, treble damages, to be recovered in any proper action, by virtue of this act.

SECT. 13. If any keeper of a common gaol, shall do, Keeper not to or cause to be done, to any prisoner committed to his cus- injure prisontody, any wrong or injury, contrary to the true intent of ers. this act, he shall pay treble damages to the party aggrieved; and also such fine, not exceeding one hundred dollars, as the county court of the county wherein the offence is committed, shall, upon information or complaint to them made, considering all the circumstances, think fit to impose upon him.

Proceedings preparatory to taking poor debtor's oath,

SECT. 14. The keeper of the gaol shall not be obliged Limitation of to furnish food and necessary support, to any prisoner bility to furkeeper's liacommitted on civil process, except as is herein after nish support. provided. SECT. 15. When any person is committed to gaol, on civil process, and is unable to pay the debt or demand, he may make an application to a justice of the peace to take the oath hereinafter provided for poor debtors, and shall cause notice to be given to the adverse party, if an inhabitant of the state, otherwise to the attorney of such adverse party, to appear and shew reason, if any he has, why such oath should not be administered: which notification shall be signed by a justice of the peace, and shall be served at least four days inclusive, before the day specified for administering the same, by some proper officer, or indifferent person, who shall leave a true and attested copy thereof with the adverse party, or at his usual place of abode, if an inhabitant of this state, otherwise with his attorney; and such service, if made by an officer, shall be proved, by his return on such notification; and if made by an indifferent person, by his affidavit, before a justice of the peace, indorsed thereon: and the justice of the peace to whom such notification is returnable, shall proceed to enquire into the matter, and, if no sufficient reason be shewn to the contrary, he shall administer to such

Form of oath. debtor the following oath, to wit: "You A. B. solemnly swear, that you have not any estate, real or personal, in possession, reversion or remainder, of the value of seventeen dollars in the whole, or sufficient to pay the debt or demand for which you are imprisoned; (except what is by law exempted from being taken on execution,) and that you have not, directly or indirectly, sold, or otherwise disposed of, all, or any part of your estate, thereby to secure the same, to receive or expect any profit or advantage thereof, or to defraud or deceive your creditors: So help you God." And the keeper of the gaol shall not, thereafter, stand charged with such prisoner, unless the creditor shall lodge with the keeper of the gaol, such sum of Weekly main- money for a weekly maintenance as the county court in the county shall establish, as the weekly allowance to be made by creditors, for their debtors, after such oath shall have been administered to them; which maintenance the several county courts are authorized to establish: and when any prisoner shall take such oath, upon two or more attachments or executions, such weekly allowance shall be paid, in equal proportions, by the plaintiffs or creditors, by whom he is detained in prison; and it shall be the duty of the gaol-keeper to pay to such prisoner, every week, the amount of his weekly allowance in money, if by him requested.(1)

tenance.

Apportionment in case

two or more

of

attachments or

executions.

Keeper to pay

over money to prisoner, weekly.

Prisoner des

titute of property, to be supported, until he can take the poor debt

or's oath.

SECT. 16. When any person, committed to gaol on civil process, shall claim to be destitute of property, he may apply to the keeper of the gaol, who shall furnish him with necessaries, in case such prisoner shall, forthwith, proceed to take the oath provided for poor debtors, in manner aforesaid; and in case said oath shall be so administered, the keeper of the gaol shall not stand charg

(1) In the revision of 1672, there was a provision, that no man should be kept in prison for debt, unless he had some estate which he would not produce; and that any court, assistant, or commissioner might administer an oath to the party, or any others suspected to be concerned in concealing his estate and if no estate appeared, then he should satisfy his debt, by service, if the creditor required it; but could not be assigned to any but those of the English nation. This law continued in force till 1810, but was rarely carried into effect. In 1702, an act was passed, prescribing the form of oath to be taken by an imprisoned debtor, on giving notice to the creditor; in which case, the debtor could not be detained in gaol, unless the creditor furnished him a weekly allowance for his

support; which act, with various modifications, has continued to the present time. By our law, the goods or the lands of a person may be taken for the payment of his debts, or for the satisfaction of an injury: and his body may be imprisoned, to compel the production of his property for the same purposes. If his person is imprisoned, and he has no estate beyond a limited, amount, he can take the poor debtor's oath, and may not be detained in gaol, unless the creditor will furnish a support. If the creditor should furnish a support, he can then apply to the superior court, for a decree of insolvency; and if he can prove, that he is an honest man, he may be liberated; so that, by our law, no honest man, destitute of property, can be detained in prison for debt.

ed with such prisoner, unless the plaintiff or creditor shall leave money for his support, as aforesaid, and also pay for the support of such prisoner from the time he made application for his support, till he took the poor debtor's oath, at the same rate as shall be established for his weekly maintenance, provided the time shall not exceed seven days; and if the plaintiff or creditor shall not Keeper to pay for the support of such prisoner, antecedent to his have remedy against credittaking the poor debtor's oath, the keeper of the gaol or, or shall be entitled to recover the same, by a proper action, against such plaintiff or creditor. And if such plaintiff or creditor shall be unable to pay the same, said keeper shall have right to recover it of the town where such prisoner belongs; and if he belong to no town in the state. state, then such expense shall be paid by the state.

town, or

SECT. 17. A pension granted to any person, for service A pension not in the army or navy of the United States, shall not pre- to preclude elude him from taking the oath, provided for poor debt. taking oath. ors as aforesaid.

SECT. 18. When any such prisoner shall make appli- Application cation to take such oath, and be refused, he shall not, at for oath, after any time afterwards, be allowed to make application refusal by jus therefor, unless the same shall be made to two judges of made. the county court, or to one such judge and a justice of the peace, giving due notice as aforesaid, who are hereby authorised to decide upon such application, and reject the same, or to administer said oath, as shall appear to them just and proper. Provided, however, that if from Further appliany change in the circumstances of such prisoner, sub- cation on sequent to the rejection of his application by said two change of cir judges, or said one judge and a justice of the peace, he shall become lawfully entitled to take said oath, he may again make application therefor, in the manner herein before provided.

cumstances.

SECT. 19. Whenever such oath shall be administered, Review on apby a single justice, upon the first application, the adverse plication of party shall have liberty to apply (if he see cause) to two creditor. judges of the county court, or to one such judge and a justice of the peace, to review the cause, giving reasonable notice thereof to the prisoner; and if, upon full hearing thereof, it shall appear to the satisfaction of the triers, that the prisoner is not by law entitled to the benefit of such oath, they shall have power to order his or her support to cease; and such prisoner shall thence-forward be holden in prison, in the same manner as though said oath had never been administered.

Expenses of creditor to be

SECT. 20. All necessary expenses of the creditor, for the detention and maintenance of any such prisoner in paid by priagaol, the said creditor shall have power to levy with the oner.

Removal of prisoners, on account of prevailing sickness.

execution, before the said prisoner shall be discharged from gaol.

SECT. 21. Whenever the prisoners, in any gaol in this state, shall be exposed to any prevailing malignant sickness, it shall be the duty of the chief judge, or the associate judges, of the county court, in the county where such sickness prevails, to cause such prisoners to be removed, at the expense of the state, to some place of safety, in the next gaol, in the same or adjoining county, there to be kept in the same manner as though such removal had not been made, until such sickness shall abate in the place or places from whence such prisoners have been removed; and then such prisoners shall, by order of Remanding of such chief judge, or associate judges, be removed back from whence they were taken, also at the expense of the state. And all keepers of gaols to which such prisoners shall be removed, agreeably to the order of the chief judge, or associate judges, are hereby commanded to receive such prisoners, and them safely keep until they shall be duly remanded as aforesaid, or released according to law.

them.

Removal, for want of a gaol in the county.

Gaols to be

used under au

SECT. 22. When any county is destitute of a gaol, any person in such county, liable to be imprisoned, may, by lawful authority, be sent to the common gaol of the next adjoining county; and the keeper of such gaol shall receive and keep such prisoners accordingly.

SECT. 23. The gaols in the several counties may be used under the authority of the United States, for the conthority of the finement and safe-keeping of prisoners; and the marshal. United States. of the district of Connecticut, or any other officer acting under the authority of the United States, shall have the same liberty to use said gaols, and the same authority in the keeping of prisoners in said goals, under the authority of the United States, as the keepers of said gaols under the authority of this state have.

of the gaol.

Liability of SECT. 24. If any person, lawfully committed to any of the county for the gaols in this state, in any civil cause, shall break such escape through gaol, and make his escape, through or by reason of the insufficiency defects or insufficiency of such gaol, the costs and charges occasioned and expended thereby, and the damages sustained by the person or persons, for whose cause the said prisoner was committed to gaol, by reason of such escape, shall be paid and answered out of the county treasury, of that county wherein such defective gaol is; and the county court, of that county, upon application to them made, and proof thereof, shall order payment accordingly; the said costs and damages being first by them justly ascertained and allowed; and in case any person or persons shall be aggrieved, by the denial or determina

tion of such county court, he or they may appeal to the Appeal.
next superior court to be holden in that county; which
court is empowered to hear, adjust and determine the
same, and order payment as aforesaid, with reasonable

costs.

SECT. 25. If there shall not be a sufficiency of money, Power of the at any time, in the county treasury, to answer such or- county court ders, the county court of the county wherein monies are to tax the wanting for the purpose aforesaid, are hereby empowered county. and directed to tax and assess the inhabitants of such county, in such sum as the court shall judge needful, for the purpose aforesaid; and to appoint and empower a collector or collectors, for collecting the same, and to grant a warrant or warrants accordingly; which collectors shall have the same powers and fees, and shall be liable to be displaced in the same manner, and be subject to the same regulations, as other collectors of county

taxes.

may otherwise

SECT. 26. Provided nevertheless, that nothing in this Proviso, exact shall be construed to prejudice or hinder any party empting the or person, from recovering any expense, damages or costs, county where of the person or persons, or out of the estate of such satisfaction person or persons, who shall break, or be aiding or assist- be had. ing in breaking the gaol, or who shall escape, or be aiding thereto, according to law; and when such remedy for satisfaction may be had, the county shall not be charged with, nor be ordered to pay, the said expense, damages or costs. Provided also, that nothing in this act shall be Proviso, as to construed or extended to save harmless, or excuse any liability of sheriff, in any escape, but what shall happen through the sheriff. defect or insufficiency of the gaol as aforesaid, and that without his default or negligence; nor shall this act hinder any person from any remedy he now hath, or hereafter by law shall have, in all or any of the matters aforesaid.

TITLE 43. General Assembly.

An Act prescribing the mode of proceeding by the General Assembly, in certain cases.

SECT. 1.

DE it enacted by the Senate and House of Representatives, in General Assembly convened, Bills for pubThat all bills for public acts or laws, which shall have lie acts, how been passed by both houses of the general assembly, to be proceedshall, as soon as passed, be carefully and accurately en- ed with. grossed, in a fair round hand, free from erasure and interlineation; and such engrossed bills shall be signed by the speaker of the house of representatives, and by the

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