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Oath being refused to debtor, application to be made to. the judge of C. Court &c.
Oath being administered, creditor may make application in the fame way.
Oath tj be
Prisoners not permittedlogo at large
Debtors and felons not to be lodged in the fame room
Sheriffs to be keepers of the Caols.
ts. And be it further (nailed, That when any such Debtor (halt make Application to take luch-Oath.and.be refused, the Debtor shall not, at any Time afterwards, be allowed to make Application therefor, unless the lame shall be made to the Judge of the County Court and one Justice of the Peace, or two Justices Quorum unus (giving due notice as aforesaid) who are hereby authorized to determine the same.
13. Be it further enaBed, That whenever such Oath shall beadministered by any single Justice upon the first Application, she ■Creditor shall have Liberty to apply (if he see Cause) to the Judge of the County Court and one Justice of the Peace, or two Justices Quorum unus to review said Cause ; and if, upon a full hearing thereof, the Creditor shall make it appear to the Satisfaction of the Triers, that the Debtor is not by Law intitled to the benefit of such Oath ; they shall have Power to Orderhis Support to, cease, and such Debtor shall thence forward be holdcn in Prison in the same Manner as though said Oath had never been administered.
14. And be it further evaded, That the Authority aforesaid, upon- Application made and notice given in Manner aforesaid, shall,, if no sufficient reason be shewn to the contrary, administer the laid Oath to such imprisoned Debtor; after which the Keeper of the Gaol shall not stand charged with such Prisoner, unless the Creditor shall allow him a Weekly Maintenance, such as three Justices of the Peace, .0norum-unus, shall appoint, till the next County Court; which Court shall then determine how much the same shall be.
15. And all such Charges as the Creditor shall be at, he shall have Power to levy with the Execution, before the Prisoner be discharged from Prison*
j6. That no Person committed to Prison for Non-Payment of Fines, Taxes, or upon Attachment or Execution in civil Causes, shall be permitted by the Keeper of the Prison to go at Liberty without the Precincts of the Prison, but by the Licenle of the Court that committed him, or of the Creditor for whole cause heis arrested and imprisoned, upon Penalty of paying the Fine or Tax upon him, or satisfying the Debt or Damage for which he it, committed, to him to whom the lame is due.
17. That Prisoners for Debt and Felons shall not be lodged together in any common Gaol or Prison, in the same Room. And. if any Gaoler or Keeper of a Prison shall offend herein, he shall forfeit arid pay to the Party grieved treble Damages, to be recovered by an Action, by virtue of this Act.
18. And be it further enacted, That the respective Sheriffs of the several Counties in this State, for the Time being, shall have the Charge and Custody of the Gaols in their respective Counties; and they are hereby constituted the Keepers of them, and shall and may put in, and substitute under them, such Keepers of the said Gaols as they shall lee Cause ; and shall be responsible for all Damages that any Person shall sustain by the Escape of any Prisoner out of such Gaol, through the Fault or Connivance of suck Gaols and Gaolers. flaj
Keepers, or any other Person whatsoever, having the Charge of said Gaols, under such Sheriffs; asall'ofor all other Faults and Negligences of such Under-keepcrs, by said Sheriffs appointed, in any Matters respecting laidTrust.
19. That when any County is destitute of a Gaol, any Persons y^im »ur in such County liable to be imprisoned, mav by lawful Authority County isdefi be sent to the common Gaol of the next adjoining County; and titut« of a the Keeper of such Gaol shall receive and keep such Prisoners ac- Gaol, &c. cordingly.
20. And be it further enatled, That whenever any Person shall CourtS m
of the Prison, of which such Sheriff is Keeper, it shall be the Du- Sheriffs not
Provided nevertheless, That the preceeding Paragraph shall not p^jf
. at. And he it further enabled, That if any Person or Persons lawfully committed toany of the Gaols in this State, (either in any Prisoners escivil orcriminal Case) shall break such Gaol, andmake Iris 01 their capkig Escape, through, or by Reason or Means of the Defects or Insuffi- through inciency of such Gaol, the Costs and Charges occasioned, and ex- ^fcaol? ° pended thereby, and the Damages sustained bySjfft'erson or Per- County to pajr sons by Reason of such Escape or Elcapes, fhallEe paid and answered out nf 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 J*/fl fitfr^/y^S accordingly; the said Cost and Damages being first justly by them' '/ *
ascertained and allowed; and that in Case any Party or Person shall be aggrieved by the Denial or Determination of such County Court,.he or they may appeal to the next Superior Court to be hplden in. that County; who are empowered to.hear, adjust, and
County Courts to tax the County,
determine the fame, and order Payment as aforesaid, with suck Costs arising on the Appeal, as they shall judge reasonable.
82. And be it further enabled, That if there shall not be a Sufficiency of Money at any Time in the County Treasuries to answer such Orders, the County Court of the County where Monies are wanting for the Purpose aforesaid, are hereby empowered and directed to tax and assess the Inhabitants of such County in suchSum or Sums as the Court shall judge needful for the Purpose aforesaid; and to appoint and empower a Collector or Collectors, for collecting the lame, and to grant Warrant or Warrants accordingly ; which Collectors shall have the fame Authority as other Collectors in this State, by Law have.
Provided nevertheless. That nothing in this Act (hall be construed to prejudice, or hinder any Partv or Person from recovering any Expence, Cost or Damages of the Person orPerlons, or out of the Estate of such Person or Persons who shall break, or be aiding or assisting 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 bet ordered to pay the laid Expence, Costs or Damage.
Provided also, That nothing in this Act (hall be construed, or extended to lave Harmless, or excuse any Sheriff in any Escape, but what shall happen through the Defector Insufficiency of the Gaol as aforesaid, and that without his Default and 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.
An Act authorizing theTJse of the Gaols in this State, for the Confinement of Prisoners under the Authority of the United States.
[enacted In May 1794.]
BE it enabled by the Governor and Council, and House of Representatives, in General Court assembled, That, the Gaols in the several Counties maybe uledand improved under the Authority of the United States, for the Purpoie of confining and safe-keepwTthe'uniied in§ Prisone,S aud that the Maiihal of the District of Connecti,6utei. cut, or any othar Officer acting under the Authority of the Uni
ted States, shall have the same Liberty to Use said Gaols, the lame Authority in the keeping of Priloners in said Gaols under the Authority of the United States, as the Keepers of laid Gaols under the Authority of this State have.
Gaols to bt
,. , An Act relating to Goats.
pAR ~T)E it enabled by the Governor and Council, and House of
Xv Representatives j in 'General Court assembled, That Fge^ the Fees for impounding Goats shall be for each Goat Two Cents and Eight Willes,
2. And be it further enabled, That all Goats in any Town in this State being found out of the Inclosure of the Owner or Owners t,oats lM" of such Goats, mav be lawfully impounded; and the Owner or d»b"e, &c; Owners of such Goats so impounded, shall pay Poundage and Damages: And the Damages done by such Goats, whether within.' Inclosure or not, shall be determined in the same Manner as Damages doneby other Creaturesa^e, when impoundedfrom Inclosures lawfully fenced: Unless any Town shall agree and order otherwise in their own Precincts.
An Act concerning Grand-jury Men.
Par TV^ enac~led by the Governor and Council, and House of XJ Representatives, in General Court assembled, That every Town in this State, on the Day of their annual Town-Meet- '1^wj?s t(* ing for electing Town-Officers, shall elect and choose two or more jury* men'aa" sober discreet Persons of their Inhabitants, to serve as Grand-ju- nually. rors for the ensuing Year; who shall be sworn by the next Assist- Ln/l ant '>r Justice of the Peace. 000
2. But in Case any Person so elected shall refuse to accept, and take the Oath for such Officers provided, and serve as aforesaid, 5 dollars for (unless he render a satisfying Reason to the Town-Meeting, or to refusll» &c» the Authority before whom he shall be called to take the Oath, why he ought not to serve as aforesaid) he for such Refusal shall irtcurthe Penalty of Five Dollars, -and another Person shall be chosen in his Room, who shall upon Acceptance, be sworn as aforesaid': And the Names of such Grand-jurors shall by the Clerk of the Town be returned unto the Clerk of the County Court withiri the same County; and the Clerk of the County Court, shall by his Writ, summon such a Number of the said Grand-jurors with- * in the said County, as shall be necessary to attend, and serve at the said County Courts.
3: And if any such Grand-juror, so as aforesaid required, and summoned to serve on the Grand-jury, shall neglect or refuse to Penalty, appear, (unless he shall give sufficient Reason for his Refusal) he' '.. shall forfeit the Sum of Three Dollars and Thirty-four Cents.
4. And all Grand-jurors shall diligently enquire aster, and. make due Presentment of all Misdemeanours and Breaches of Law, . . whereof they have Cognizance; whether the fame were com- ■ mitted before said Grand-jurors arc chosen and sworn to said Osice, or afterwards % Which Presentments they shall seasonably make to the Court, or to some Assistant or Justice of the Peace 3 that Offenders may be dealt with according to Law.
Penalties to the tewn treasury.
Penalty on towns neglecting to choose, sec.
Crand-jurors to meet once in three months, Sec
5. And if any Grand-jury-man, after he is sworn, shall neglect to make seasonable Presentment of any Breach of Law, whereof he hath Cognisance, he shall pay a Fine of One Dollar and Sixtyseven Cents.
6. All which Penalties shall be and belong to the Town-Treasury of the Town where such Grand-juror dwells.
7. And all Grand-jury-men shall be allowed Sixty-seven Cents per Day for their Time of Attendance, and Five Cents and Five Milles per Mile Travel out, when they shall be required to give their Attendance at the Superior or County Court : To be paid out of the State or County Treasury, as she Law directs^
o*. And every Town in this State that shall neglect or refuse to make Choice of Grand-jurors, as aforesaid, shall for every such Neglect or Refusal, incur the Penalty of ^Seventeen Dollars, to the Treasury of the County wherein such Town Heth : To be recovered by Bill, Plaint or Information.
9. And to- enable Grand-jurors more effectually to deteEl Breach?} if Law,
Be it further enabled, That the Giandrjurors in each respective Town in this State, shall once in three Months in each Year, and oftner if Need Ib require, meet at such Time and Place as they shall appoint, to advise concerning such Breaches of Law as by their Office they are to enquire after and present: And shall have Power- to call before thern at such Meetings, any Person or Personsas Witnesses, in order to be examined touching such Delinquency as they are enquiring after: Andif any Person refuse to appear before sues* Graad-jurors at such Meeting, being summoned theretoby Warrant from an Assistant or Justice of the Peace, (who are hereby directed to grant such Warrant, on the Request of such Graridrjurors) or shall refuse to be examined upon Oath, if thereto required, such Witnesses may by such Assistant or Justice, on Conviction os such Refusal, be committed to the common G*aol; there to remain at his own Cost, until he will give Evi-* dence, as aforesaid.
Provided. That such Evidence shall at 110 Time be construed to the Prejudice of such Witness.
10. And be it further ena€l:d, That the Superior Court and County Courts in this State, shall have Power to order a Grandjury of Eighteen of those chosen by the respective Towns in the County, or other sufficient Freeholders of the County where such Court is fitting, to be summoned, impannelled and sworn to enquire after and present such criminal Offences as shall be cognizable by said Courts respectively, where there shall be Occasion.
11. And no Person shall be held to Trial, or put to plead to any Complaint, Indictment or Accusation for a Capital Offence punishable with Death, unless a Bill of Indictment be found against such Person for such Crime, by a Giand-jury legally im« pannclled and sworn ;. and that no Bill of Indictment shall be presented by any Grand-jury so impannelled, unless twelve at least of the Jurors agree to it.
Superior and county courts empowered to order In a grand-jury, *c.
No person held to trial unless upon bill fouod.&c.
le of the jurors to agree, Ice.