222 Dath being refused to debtor, appli cation to be made to the judge of C. Court &c. Oath being administered, creditor may make application in the fame way. Oath to be adminiftered, unlefs &c. Keeper not oner, unless, Maintenance of prifoner to be levied. Prifoners not at large Gaols and Gaolers. 12. And be it further enacted, That when any fuch Debtor fhalk make Application to take fuch Oath and, be refused, the Debtor fhall not, at any Time afterwards, be allowed to make Application therefor, unless the fame fhall be made to the Judge of the County Court and one Juftice of the Peace, or two Juftices Quorum unus (giving due notice as aforefaid) who are hereby authorized to determine the fame. 13. Be it further enacted, That whenever fuch Oath fhall be administered by any fingle Juftice upon the first Application, the Creditor fhall have Liberty to apply (if he fee Caufe) to the Judge of the County Court and one Juftice of the Peace, or two Juftices Quorum unus to review faid Cause; and if, upon a full hearing thereof, the Creditor fhall make it appear to the Satisfaction of the Triers, that the Debtor is not by Law intitled to the benefit of fuch Oath; they fhall have Power to Order his Support to. ceafe, and fuch Debtor fhall thence forward be holden in Prison. in the fame Manner as though said Oath had never been adminiftered. 14. And be it further enacted, That the Authority aforefaid, upon Application made and notice given in Manner aforefaid, shalt, if no fufficient reafon be fhewn to the contrary, adminifter the faid Oath to fuch imprisoned Debtor; after which the Keeper of the Gaol fhall not fand charged with fuch Prifoner, unless the Creditor fhall allow him a Weekly Maintenance, fuch as threeJuftices of the Peace, Quorum unus, fhall appoint, till the next County Court; which Court fhall then determine how much the fame fhall be. 15. And all fuch Charges as the Creditor fhall be at, he fhall have Power to levy with the Execution, before the Prisoner be discharged from Prifon. 16. That no Perfon committed to Prifon for Non-Payment of Fines, Taxes, or upon Attachment or Execution in civil Caufes, permittedtogo fhall be permitted by the Keeper of the Prifon to go at Libertywithout the Precincts of the Prifon, but by the Licente of the Court that committed him, or of the Creditor for whole cause he is arrested and imprisoned, upon Penalty of paying the Fine or Tax upon him, or fatisfying the Debt or Damage for which he is. committed, to him to whom the fame is due. on penalty. Debtors and 17. That Prisoners for Debt and Felons fhall not be lodged together in any common Gaol or Prifon, in the fame Room. And felons not to if any Gaoler or Keeper of a Prifon fhall offend herein, he fhall be lodged in forfeit and pay to the Party grieved treble Damages, to be recovthe fame room ered by an Action, by virtue of this Act. Penalty. 18. And be it further enacted, That the respective Sheriffs of the feveral Counties in this State, for the Time being, fhall have the Sheriffs to be Charge and Cuftody of the Gaols in their respective Counties; keepers of the and they are hereby conftituted the Keepers of them, and shall and may put in, and fubftitute under them, fuch Keepers of the faid Gaols as they fhall fee Caufe; and fhall be responsible for all Damages that any Perfon fhall fuftain by the Efcape of any Prifoner out of fuch Gaol, through the Fault or Connivance of fuck Gaols. Gaols and Gaolers. Keepers, or any other Perfon whatfoever, having the Charge of faid Gaols, under fuch Sheriffs; as alfo for all other Faults and Negligences of fuch Under-keepers, by faid Sheriffs appointed, in any Matters refpecting faid Truft. 223 When any 19. That when any County is deftitute of a Gaol, any Perfons in fuch County liable to be imprifoned, may by lawful Authority County is defe be fent to the common Gaol of the next adjoining County; and titute of a the Keeper of such Gaol fhall receive and keep fuch Prifoners ac- Gaol, &c. cordingly. Courts may execution. Repeated 487ey $219 20. And be it further enacted, That whenever any Perfon fhall hereafter be committed to, or held, or is already committed to, give order for and held, in any Gaol in this State, by virtue of an Execution for the clofe conDebt, Damage, Fine, or Coft, the Superior Court, where the finement of Judgment on which fuch Execution iffued, is rendered by faid prifoners Court; and in every other Cafe, the County Court of the Coun- committed on ty, in which fuch Prisoner is committed, or held, may at their Difcretion, on notifying the Parties concerned, or the Attorney of the Party belonging out of this State, and on due Enquiry and Examination, give fuch Order to the Sheriff of the County in which fuch Gaol is, from Time to Time for the close Confinement of fuch Prifoners as they fhall think proper, and whenever fuch Courts fhall refpectively (purfuant to the provifions of this Act) order any Sheriff to confine any fuch Prifoner within the Walls of the Prifon, of which fuch Sheriff is Keeper, it fhall be the Du Sheriffs not ty of fuch Sheriff, to conform to, and obey fuch Order; and in obeying fuch Cafe fuch Sheriff fhall neglect or refufe to obey fuch Order, fuch neglect and refufal fhall be deemed a voluntary Efcape in fuch cape. Sheriff, and he fhall thereupon be liable to an Action for the Debt, Damage, Fine, or Coft, for which fuch Prifoner is committed or held, in the fame Manner as though fuch Prisoner had efcaped by the permiffion of fuch Sheriff. Provided nevertheless, That the preceeding Paragraph fhall not extend to any Prifoner committed, or held by virtue of any Execution, iffued on a Judgment for a Sum not exceeding Seventeen Dollars. order, liable as for an el Provifa. 21. And be it further enacted, That if any Perfon or Perfons ciency of fuch Gaol, the Cofts and Charges occafioned, and ex- the Gaol, Application to them made, and Proof thereof, fhall order Payment 224 County Courts to tax the County, &c. Provifo Provifo. Gaols to be ufed under the authority of the United States. Gaols and Gaolers. determine the fame, and order Payment as aforefaid, with fuch Cofts arifing on the Appeal, as they fhall judge reasonable. 22. And be it further enacted, That if there fhall not be a Sufficiency of Money at any Time in the County Treasuries to answer fuch Orders, the County Court of the County where Monies are wanting for the Purpose aforefaid, are hereby empowered and directed to tax and affefs the Inhabitants of fuch County in fuch Sum or Sums as the Court fhall judge needful for the Purpose aforefaid; and to appoint and empower a Collector or Collectors, for collecting the fame, and to grant Warrant or Warrants accordingly; which Collectors fhall have the fame Authority as other Collectors in this State, by Law have. Provided nevertheless, That nothing in this A&t fhall be conftrued to prejudice, or hinder any Party or Perfon from recovering any Expence, Coft or Damages of the Perfon or Perlons, or out of the Eftate of fuch Perfon or Persons who shall break, or be aiding or affifting in breaking the Gaol, or who fhall efcape, or be aiding thereto, according to Law; and when fuch Remedy for Satisfac tion may be had, the County fhall not be charged with, nor be ordered to pay the faid Expence, Cofts or Damage. Provided alfo, That nothing in this A&t fhall be conftrued, or extended to fave Harmlefs, or excufe any Sheriff in any Escape, but what shall happen through the Defect or Infufficiency of the Gaol as aforefaid, and that without his Default and Negligence; nor fhall this Act hinder any Perfon from any Remedy he now hath, or hereafter by Law fhall have, in all or any of the Matters aforefaid. An Act authorizing the Ufe of the Gaols in this State, for the Confinement of Prisoners under the Authority of the United States. BE [ENACTED IN MAY 1794.] Eit enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That, the Gaols in the feveral Counties may be used and improved under the Authority of the United States, for the Purpole of confining and fafe-keeping Prisoners; and that the Marthal of the District of Connecticut, or any other Officer acting under the Authority of the United States, fhall have the fame Liberty to Ufe faid Gaols, the fame Authority in the keeping of Prifoners in faid Gaols under the Authority of the United States, as the Keepers of faid Gaols under the Authority of this State have. PAR. 1. Goats, Grand-jury Men. An Act relating to Goats. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That Fee. the Fees for impounding Goats fhall be for each Goat Two Cents and Eight Milles. Goats im 225 2. And be it further enacted, That all Goats in any Town in this State being found out of the Inclofure of the Owner or Owners pounof fuch Goats, may be lawfully impounded; and the Owner or dable, &c. Owners of fuch Goats fo impounded. fhall pay Poundage and Damages And the Damages done by fuch Goats, whether within Inclosure or not, fhall be determined in the fame Manner as Damages done by other Creatures are, when impounded from Inclosures lawfully fenced: Unless any Town fhall agree and order otherwife in their own Precincts. PAR. 1. An Act concerning Grand-jury Men. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That ev ery Town in this State, on the Day of their annual Town-Meet- Towns to ing for electing Town-Officers, fhall elect and choose two or more jury-men anchoose grand fober difcreet Perfons of their Inhabitants, to ferve as Grand-ju- nually. rors for the enfuing Year; who fhall be (worn by the next Affiftant or Juftice of the Peace. 600 2. But in Cafe any Perfon fo elected fhall refufe to accept, and take the Oath for fuch Officers provided, and ferve as aforefaid, 5 dollars for (unless he rendera fatisfying Reafon to the Town-Meeting, or to refufal, &c. the Authority before whom he shall be called to take the Oath, why he ought not to ferve as aforefaid) he for fuch Refufal fhall incur the Penalty of Five Dollars, and another Perfon fhall be chofen in his Room, who fhall upon Acceptance, be fworn as aforefaid: And the Names of fuch Grand-jurors fhall by the Clerk of the Town be returned unto the Clerk of the County Court within the fame County; and the Clerk of the County Court, fhall by his Writ, fummon fuch a Number of the said Grand-jurors within the faid County, as fhall be necessary to attend, and ferve at the faid County Courts. 3. And if any fuch Grand-juror, fo as aforefaid required, and fummoned to ferve on the Grand-jury, fhall neglect or refufe to appear, (unless he fhall give fufficient Reason for his Refufal) he fhall forfeit the Sum of Three Dollars and Thirty-four Cents. 4. And all Grand-jurors fhall diligently enquire after, and make due Prefentment of all Mifdemeanours and Breaches of Law, whereof they have Cognizance; whether the fame were committed before said Grand-jurors are chofen and fworn to faid Office, or afterwards; Which Prefentments they fhall feafonably make to the Court, or to fome Affiftant or Juttice of the Peace 3 that Offenders may be dealt with according to Law, G g Penalty. Their duty, 226 Penalties to the town treasury. Allowance. Grand-jury Men. 5. And if any Grand-jury-man, after he is fworn, shall neglect to make seasonable Presentment of any Breach of Law, whereof he hath Cognizance, he fhall pay a Fine of One Dollar and Sixtyfeven Cents. 6. All which Penalties fhall be and belong to the Town-Treafury of the Town where fuch Grand-juror dwells. 7. And all Grand-jury-men fhall be allowed Sixty-feven Cents per Day for their Time of Attendance, and Five Cents and Five Milles per Mile Travel out, when they fhall be required to give their Attendance at the Superior or County Court: To be paid out of the State or County Treafury, as the Law directs. 8. And every Town in this State that fhall neglect or refuse to Penalty on make Choice of Grand-jurors, as aforefaid, fhall for every fuch towns neglect- Neglect or Refufal, incur the Penalty of Seventeen Dollars, to the ing to choose, Treafury of the County wherein fuch Town lieth: To be recovered by Bill, Plaint or Information. &c. to meet once in three months, &c. 9. And to enable Grand-jurors more effectually to detect Breaches of Law, Be it further enacted, That the Grand-jurors in each respective Grand-jurors Town in this State, fhall once in three Months in each Year, and oftner if Need fo require, meet at fuch Time and Place as they fhall appoint, to advise concerning fuch Breaches of Law as by their Office they are to enquire after and prefent: And fhall have Power to call before them at fuch Meetings, any Person or Perfons as Witnesses, in order to be examined touching fuch Delinquency as they are enquiring after: And if any Perfon refufe to appear before fuch Grand-jurors at fuch Meeting, being fummoned thereto by Warrant from an Assistant or Juftice of the Peace, (who are hereby directed to grant fuch Warrant, on the Request of fuch Grand-jurors) or fhall refufe to be examined upon Oath, if thereto required, fuch Witneffes may by fuch Affiftant or Juftice, on Conviction of fuch Refufal, be committed to the common Gaol; there to remain at his own Coft, until he will give Evidence, as aforefaid. Provifo. Provided, That fuch Evidence fhall at no Time be conftrued to the Prejudice of fuch Witness. 10. And be it further enacted, That the Superior Court and Superior and County Courts in this State, fhall have Power to order a GrandCounty courts jury of Eighteen of those chosen by the respective Towns in the empowered to County, or other fufficient Freeholders of the County where fuch Court is fitting, to be fummoned, impannelled and fworn to enquire after and prefent fuch criminal Offences as fhall be cogniza ble by faid Courts refpectively, where there fhall be Occafion. order in a grand-jury, &c. 11. And no Perfon fhall be held to Trial, or put to plead to any Complaint, Indictment or Accufation for a Capital Offence punishable with Death, unless a Bill of Indictment be found againft fuch Perfon for fuch Crime, by a Grand-jury legally im pannelled and fworn; and that no Bill of Indictment fhall be prefented by any Grand-jury fo impannelled, unless twelve at least of the Jurors agree to it. |
