TITLE XXVIII. OF ADMITTING PRISONERS TO THE LIBERTIES OF JAILS, OF ESCAPES, ERS THEREIN. TITLE XXVIII Chapter 147. Of admitting Prisoners to the Liberties of Jails; of Chapter 148. General Provisions relating to Jails and the Confine- CHAPTER 147. OF ADMITTING PRISONERS TO THE LIBERTIES OF JAILS, OF ESCAPES, SECTION 1. Every person who shall be in the custody of the sheriff Who entitled to of any county by virtue, 1. Of any capias ad respondendum: or, 2. Of any execution in a civil action: or, 3. By virtue of any attachment for the non-payment of costs: or, 4. In consequence of a surrender in exoneration of his bail : Shall be entitled to the liberty of the jail limits, which limits shall be co-extensive with the limits of such county, upon executing a bond to such sheriff and his assigns, as prescribed in the next section. liberties of jail limite. .SEC. 2. Such bond shall be executed by the prisoner and one or Penalty of bond more sufficient sureties, being inhabitants and householders of the and sureties. county, in a penalty, which shall be as follows: 1. It shall be not less than double the amount of the sum in which the sheriff was required to hold the defendant to bail, if he be in custody on original process, or be surrendered in exoneration of his bail before judgment docketed against him : 2. It shall be not less than double the amount directed to be levied by the attachment or execution, if he be in custody upon attachment or execution: 3. It shall be not less than double the amount for which judgment shall have been rendered against him, if he be surrendered after judg ment docketed. bond. SEC. 3. Such bond shall be conditioned, that the person so in cus- Conditions of tody of such sheriff, shall not, at any time or in any manner, escape or go without the jail limits of the county, until legally discharged. SEC. 4. Every such bond taken for the liberties of any jail, shall When prisoner &c. TITLE XXVII. such prisoner shall be filed and preserved in the CHAPTER 146. the county in which the proceedings were had. SEC. 10. If the officer to whom any applicatio to be remanded, der the provisions of this chapter, after the exam ner, shall not be satisfied that he is entitled to prisoner shall be remanded to prison; but he prevented from obtaining his discharge upon ne tor or creditors, and new proceedings before the proper officer in the manner herein provided. Debtor discharg SEC. 11. The debtor, after being so discharged ed to be forever exempted from arrest or imprisonment for the exempted, unless be discharged from such debt, unless he shall be sworn falsely upon his examination before the of oath before prescribed. &c. Consequences if of perjury. SEC. 12. If he shall be so convicted, he shall debtor convicted the proceedings had under this chapter, and punishment of perjury; and the creditor or cr executions against the body, or against the goo and tenements of the debtor, in like manner committed on execution. priser who shall have esen would be entitled to the B bond, within the jail lis stody, shall not be deemed any such prisoner shall g County, without the asser shall be in custody, the s tre of the bond so exec prisoner shall have been a and retake such priser, a sheriff on such bend, the tary return of the prisoner t escaped, or a recaption of s custody be escaped, bef may give evidence thereof shall be entitled to make which might be made by sadd ascape have been brought agains are thereof shall have been gi executed the bond for the sheriff shall be conclusive such prisoner and his sureties the action on such bond, as tra e been controverted in the an ght by a sherif on a bond ll appear that judgment has the escape of the prisoner, and tion against the sheriff p to enable them to defend the suit upon such bed of such suit CHAPTER 147. TITLE XXVIII. be valid, and shall be held for the indemnity of the sheriff taking the same, and of the party at whose suit the prisoner executing such bond shall be confined. For whom held. When prisoner may be recommitted. Principal may be sureties. SEC. 5. If a sheriff who shall have taken any such bond for the liberties of any jail, shall discover that any surety to such bond is insufficient, he may commit the prisoner who executed the same to close confinement in such jail, until other good and sufficient sureties shall be offered. SEC. 6. The sureties in any bond given for the liberties of any jail, surrendered by may surrender their principal at any time before judgment shall be rendered against them on such bond; but such bail shall not be exonerated thereby from any liability incurred before the making of such surrender. How surrender made. What an escape of prisoner. Defence in suit on bond. Effect of judg ment against sheriff. Summary judg sheriff. SEC. 7. Such surrender may be made as follows: The bail may take their principal to the keeper of the jail, and upon the written requirement of such bail, the keeper shall take such principal into his custody, and thereupon endorse upon the bond given for the limits, an acknowledgment of the surrender of such principal; and such keeper shall also, if required, give the bail a certificate acknowledging such surrender. SEC. 8. The going at large of any prisoner who shall have executed such bond, or of any prisoner who would be entitled to the liberties of any jail upon executing such bond, within the jail limits of the county in which he shall be in custody, shall not be deemed an escape of such prisoner; but in case any such prisoner shall go at large without the jail limits of such county, without the assent of the party at whose suit such prisoner shall be in custody, the same shall be deemed an escape and forfeiture of the bond so executed, and the sheriff in whose custody such prisoner shall have been, shall have the same authority to pursue and retake such prisoner, as if such escape had been made from the jail. SEC. 9. In every suit brought by a sheriff on such bond, the defendants may give notice of a voluntary return of the prisoner to the liberties of the jail from which he escaped, or a recaption of such prisoner by the sheriff from whose custody he escaped, before the commencement of such suit, and may give evidence thereof in bar of such action; and such defendants shall be entitled to make such or any other defence to such suit, which might be made by such sheriff, to an action against him for an escape. SEC. 10. But if an action shall have been brought against such sheriff for such escape, and due notice thereof shall have been given to the prisoner and his sureties who executed the bond for the jail liberties, the judgment against such sheriff shall be conclusive evidence of his right to recover against such prisoner and his sureties, to whom such notice was given, in the action on such bond, as to all matters which were or might have been controverted in the action against the sheriff. SEC. 11. In every such action brought by a sheriff on a bond exement in favor of cuted for the jail liberties, if it shall appear that judgment has been rendered against such sheriff for the escape of the prisoner, and that due notice of the pendency of the action against the sheriff was given to such prisoner and his sureties, to enable them to defend the same, the court shall render judgment in the suit upon such bond, at the first term after the commencement of such suit. CHAPTER 147. SEC. 12. But to entitle any sheriff to move for such judgment, he TITLE XXVIII. shall have filed his declaration, and shall show to the court that he has given twenty days' notice of such motion. Previous notice, Staying proceed. SEC. 13. If it shall appear on the hearing of such motion, that the &c., required. defendants have any meritorious cause of defence, which was not ings on judgment. controverted in the action against the sheriff, and which by law could not have been so controverted, the court shall suspend proceedings on such judgment, until a trial in such action shall be had; but such judgment shall remain as a security for the sheriff. SEC. 14. If such defence be established, the court shall vacate such When judgment judgment, and render judgment as in other cases. to be vacated. mages, &c. SEC. 15. In every action brought by a sheriff on such bond, the re- Evidence of da covery of a judgment against him for the escape of the prisoner, shall be evidence of the damages sustained by him, in the same manner as if such judgment had been collected; and such sheriff shall be entitled to recover the costs, and his reasonable expenses in defending the suit against him, as part of his damages. SEC. 16. If any such bond shall be forfeited, the party at whose suit Assigning bond. the prisoner executing the same shall have been confined, or in case of his death, the executors or administrators of such party, shall be entitled to an assignment thereof, which shall be made by the sheriff taking the same, or his successor in office, or in case of a vacancy in his office, by his under sheriff, by an indorsement thereon. therein. SEC. 17. The party to whom such assignment shall have been made, Action by assignmay maintain an action on such bond as assignee of the sheriff taking ees, damages the same, in the same cases in which such action might be maintained by such sheriff, and upon obtaining judgment therein, he shall recover damages for such breaches of the condition as shall have been assigned by him as follows: 1. If the prisoner escaping was confined by virtue of an execution, or by virtue of an attachment for non-payment of costs, the measure of the plaintiff's damages shall be the amount directed to be levied by such execution or attachment, with interest thereon to the time of such recovery: 2. If such prisoner was confined by virtue of a capias ad respondendum, or upon a surrender in exoneration of his bail, made before or after judgment rendered against him, the plaintiff shall recover only the actual damages sustained by him. ment. SEC. 18. The acceptance of an assignment of any such bond, shall Effect of assignbe a bar to any action by or on behalf of the party receiving such assignment, against the sheriff or other officer making the same, for any escape by the prisoner executing such bond, amounting to a breach of such bond. SEC. 19. In every action brought by the assignee of such bond, the defendants shall be entitled to give notice of a voluntary return of the prisoner to the liberties of the jail, before the commencement of such Defence to action action, in bar thereof, and to make any defence which they would be of assignees. entitled to make, if such action had been brought in the name and for the benefit of the sheriff to whom such bond was executed. iff. SEC. 20. In case the party at whose suit any person shall have been Staying proceed confined to the liberties of a jail, shall refuse or neglect to take an asings against shersignment of the bond executed by such person, as herein before provided, and shall prosecute any sheriff for the escape of such person, the court in which such action shall be pending, shall by rule, stay all |