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CHAPTER LV.

JAILS AND JAILERS.

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SECTION

1. Jail to be kept in each county.
2. Sherift to have custody of; may appoint jailer.
3. Duty of sheriff and jailer to receive and dis-

charge prisoners.
4. Criminals and debtors not to be confined in same

room. 5. Person convicted, if able, to pay expense of

commitment, and support in jail. 6. When prisoner is unable to support himself,

county commissioners' court may make al

lowance.
7. Sheriff shall permit prisoner, not under convic-

tion for felony, to have drink, food and cloth.
ing; grand jury to visit jail, and make report;

duty of circuit court to inquire, &c.
8. Food; spirituous liquors, regulation as to.

11. When jail is insufficient, duty of sheriff to hire

guards, &c. 12. When there is no jail, prisoners to be removed

to another county. 13. When prisoner so committed, sheriff to notify

judge; further proceedings; penalty, if sheriit or jailer fail to make proper return; how re.

covered; fees. 14. How expenses paid in criminal suits; how in

civil. 15. Sheriff' may be imprisoned in his own jail.

Section 1. There shall be kept and maintained, in good and sufficient condition and repair, a common jail in each county within this State, at the permanent seat of justice for such county.

Soc. 2. The sheriff of each county in this State shall have the custody, rule, keeping and charge of the jail within the county, and of all prisoners in such jail, and may appoint a jailer under him, and remove him at pleasure, for whose conduct he shall be responsible.

Sec. 3. It shall be the duty of the sheriff and jailer to receive from constables and other officers, and confine in such jail, all persons who shall be apprehended by such constables, or other officers, for offences against this State, or who shall be committed to such jail by any competent authority, until discharged by due course of law.

Sec. 4. It shall not be lawful for any sheriff or jailer, to confine or keep debtors and persons committed for crimes in the same room, but they shall be confined and kept separate and a part from each other.

Sec. 5. Every person who shall be committed to the common jail within any county of this State, by lawsul authority, for any crime or misdemeanor, if he or she shall be convicted thereof, shall pay the expenses of arresting and conveying him or her to the said jail, and also of his or her support while in jail, before he or she shall be discharged, and the property of such person shall be subjected to the payment of such expenses from the time of his or her arrest; and all such expenses up to the time of conviction shall be included in the judgment for costs. All expenses incurred for the support of such convicted person after conviction, may be collected by order of the circuit court, from time to time as occasion may require: Provided, however, That said court may, in their discretion, refuse to make such order upon being satisfied on the oath of such convicted person, or otherwise, that such convicted person has no property or means of satisfying such expenses for his or her support.

Sec. 6. Whenever any person committed to jail upon any criminal process, under any law of this state, shall declare on oath or affirmation, in writing, that he or she is unable to buy or procure necessary food, the sheriff or jailer shall provide such prisoner with necessary food, for which he shall be allowed a reasonable compensation, to be ascertained by the county commissioners' court, and paid as other county charges. And, if from the inclemency of the season, the sickness of the prisoner or other cause, the sheriff shall be of opinion that additional clothes or bedding are necessary for such prisoner, and such prisoner shall be unable to obtain or procure the same, the said sheriff shall furnish the same, for the use of such prisoner during his confinement; for which he shall be allowed a just compensation, and paid as aforesaid.

Sec. 7. Every sheriff and jailer, and other person or persons, whatsoever, to whose custody or keeping any person or persons shall be committed, by virtue of any writ or process, or for any criminal offence, except on conviction of

any

felonious ofience, shall pern and suffer him, her or them so committed, at his, her or their will and pleasure to send for, and have any cider, ale, beer, victuals or other necessary drink or food, from what place and whom they please, and also to have and use such bedding, linen and other things, as he, she or they shall think fit, without detaining the same, or any part thereof, or enforcing or requiring him, her or them to pay for the having or using thereof, or putting any manner of restraint or difficulty upon him, her or them in using thereof, or relating thereto. And it shall be the duty of the grand jury, at each term, or a committee to consist of at least three members thereos, to visit the jail of their county, and examine the condition thereof, and inquire into the treatment of the prisoners, and make report thereof to the court. And it is hereby made the especial duty of the circuit court, at each term, to inquire and see that all prisoners, civil and criminal, are humanely treated.

Sec. 8. All persons convicted of any felonious or other high crime, and sentenced to imprisonment for six months or upwards, shall, for the whole term of their imprisonment, be kept upon inferior, but wholesome food. All spirituous liquors are prohibited to such prisoners unless by the direction of some respectable physician.

Sec. 9. It shall be the duty of the keeper of the jail, in every county within this State, to receive into his custody any prisoner or prisoners who may be, from time to time, committed to his charge under the authority of the United States, and to keep safely every such prisoner or prisoners, according to the warrant or precept of such commitment, until he or they shall be discharged by due course of the laws of the United States.

Sec. 10. The keeper of every jail aforesaid, shall be subject to the same pains and penalties, for any neglect or failure of duty herein, as he would be subject to, by the laws of this State, for the like neglect or failure in the case of a prisoner comınitted under the authority of the said laws : Provided, alwuys, That the United States du pay, or cause to be paid, for the use and keeping of such jails, at the rate of fitty cents per month, for each person that shall, under their authority, be committed thereto, and also to the jailer such fees as he would be entitled to for like services rendered, in virtue of the existing laws of this State, during the time such prisoner shall be therein confined; and moreover, do support such of the said prisoners as shall be committed for offences.

Sec. 11. Whenever the sheriff of any county in this State shall be of opinion that the jail of his county is insufficient to secure the prisoners that shall be confined

ever,

therein, it shall be his duty to give notice thereof to the county, commissioners' court of such county; and also, whenever any sheriff shall have in his custody any person or persons charged with any capital offence or other high crime against the laws of this State, and the jail of the county shall be insufficient, or if there shall be no jail in his county, he may, by and with the advice and direction of any of the judges of the circuit or supreme court, or of any two justices of the peace of his county, employ a guard sufficient for the guarding and the safe-keeping of such prisoner or prisoners in his own county, the said guard not to exceed, how

in

any instance, more than three persons. The expenses of said guard to be audited and paid as other county expenses.

Sec. 12. It shall be lawful for the sheriff of any county in this State, when there shall happen to be no jail, or when the jail of such county shall be insufficient, to commit any person or persons in his custody, either on civil or criminal process, to the nearest jail of some other county, in the same circuit ; and it is hereby made the duty of the sheriff or keeper of the jail of said county, to receive such person or persons so committed as aforesaid, and him, her or them, safely keep, subject to the order or orders of the circuit judge for the said circuit.

Sec. 13. It shall be the duty of the sheriff so committing any person or persons as aforesaid, for any criminal offence, forth with to notify the circuit judge for the circuit where such person or persons, so committed is, or are to be tried, of the committing of such person or persons to the jail of such other county; and transmit at the same time to such circuit judge a copy of the cause of the caption and detention of such person or persons. Whereupon, it shall be the duty of such circuit judge, within fifteen days next preceding the first day of the circuit court of the county, where such person or persons is or are to be tried, to issue a writ or writs of habeas corpus, directed to the sheriff or keeper of the jail of the county where such

person or persons is or are committed, commanding him or them to have the body or bodies of such person or persons thus committed, together with the day and cause of his or their caption and detention, before the circuit court of the said county for the trial of such offences, on the first day of their next term of the said court; and it shall be the duty of the said sheriff or keeper of the jail to bring or cause to be brought, the said person or persons, thus committed as aforesaid, on the day and at the place mentioned in the said writ. And any sheriff or keeper of the jail as aforesaid, failing or neglecting to make return as aforesaid, and to bring the body or bodies of said person or persons according to the command of the said writ, shall be deemed guilty of a contempt of the said court, and shall be liable to be attached and committed to the jail of the said county, there to remain without bail or mainprize until he shall obey such writ: And shall moreover forfeit to the prisoner or party aggrieved, a sum not exceeding five hundred dollars, to be apportioned according to the nature, aggravations and circumstances of the case, and the injury which the party aggrieved may sustain thereby, to be recovered by the prisoner or party aggrieved, in an action on the case founded upon this statute; and the said sheriff or keeper of the jail, may also, in the direction of the said court, be removed from office, and rendered incapable of holding or executing the same thereafter. The sheriff for committing any prisoner as aforesaid, or for executing any writ of habeas corpus under this chapter, shall be entitled to the like fees as are provided by law for similar services.

Sec. 14. In all cases where a person is committed from another county, for a criminal offence under this chapter, such county or the prisoner shall pay the ex

penses, in the same manner as if the commitment had been in the county where the offence was committed. And in civil suits, the plaintiff or defendant shall pay the expenses in the same manner as if the imprisonment had taken place in the same county where the suit was commenced.

Sec. 15. The sheriff may be imprisoned in the jail in his own county, and for the time that he shall be confined within the walls of the prison, the coroner shall have the custody, rule, keeping and charge of the said jail, and shall by himself and his securities be answerable for the faithful discharge of his duties in that office.

APPROVED: March 3, 1845.

CHAPTER LVI.

JOINT RIGHTS AND OBLIGATIONS.

SECTION
1. Estate of joint tenants, how to pass; who to be

tenants in common, in case of death of any
party.

SECTION
2. Penalty for injuring property held in joint ten.

ancy.
3. Joint obligations, how construed.

Section 1. If partition be not made between joint tenants, the parts of those who die first shall not accrue to the survivor or survivors, but descend or pass by devise, and shall be subject to debts, dower, charges, &c., or transmissible to executors or administrators, and be considered to every intent and purpose, in the same view as if such deceased joint tenants had been tenants in common.

Sec. 2. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy, tenancy in common or co-parcenery, the party aggrieved shall have his action of trespass or trover, for the injury in the same manner, as he would have if such joint tenancy, tenancy in common, or co-parcenery did not exist.

Sec. 3. All joint obligations and covenants shall hereafter be taken and held to be joint and several obligations and covenants.

Approved: March 3, 1845.

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SECTION 1. What property subject to execution; judgment,

how long a lien on real estate; proviso, that execution be issued in one year, unless party restrained by injunction; term “real estate,"

defined. 2. Death of defendant before issue of execution,

not to defeat right of plaintiff in certain cases. 3. Holders of certificates of land subject to pro

visions hereof. 4. Interest on judgments may be collected. 6. Execution may issue to any county. 6. When judgment is for torl, execution may issue

against the body. 7. Execution not to issue against heir, &c., unless

he be in some default. 8. Execution, when returnable; when execution

may bind personal property, duty of sheriff' as

to time. 9. Plaintiff may elect what property to take; ex

ception. 10. Division of property to be made, in selling, if

advantageous. 11. Mode of selling lands prescribed; sheriff, how

punished for neglect of duty; sale to be valid. 12. On sale of lands, sheriff' to give certificate of

sale; to file duplicate; certificate to be evidence. 13. Defendant, his heirs, &c., may redeem in one

year from time of sale. 14. Judgment creditor may redeem in fifteen months,

by paying ten per cent. interest, and have land

sold again on liis execution. 15. Redeeming creditor considered as bidder; oth

ers may bid; rights of respective creditors. 16. The whole or a part of lands sold may be re

deemed. 17. Sherifl's commission; certificate where filed. 18. Certificate assignable by indorsement; purcha

ser, or holder of certificate entitled to deed if

land be not redeemed. 19. Forin of deed. 20. In case of assignment of certificate. 21. Deed, what considered evidence of; rights un

der it.

SECTION 22. Duties of officer selling specifically enjoined. 23. Scire facias, mortgage may be foreclosed by;

proceedings in such cases; service, appear. ance, trial, judgment, cost, &c., and their incidents; no other than mortgaged property

liable to execution. 24. Lands sold under mortgage may be redeemed in

the same manner as lands sold on execution. 25. Secret liens provided against; officer attaching,

to file certiticate thereof, in recorder's office. 26. Duty of officer; when lien to operate. 27. Duty of recorder to record certificate; fee there

for. 28. Form of sheriff's certificate. 29. Notice of sale to be given. 30. Defendant in execution may retain property lev.

ied on, by giving bond. 31. If property not forthcoming, sheriff may levy

on property of defendant and his security;

no other delivery bond allowed. 32. Necessary wearing apparel of every person ex

empt from execution. 33. Property of head of family, what exempt from

execution. 34. Is head of family die, or be absent, family to

have same rights, &c. 35. Officer levying on property exempt, subject to

penalty. 36. Exception as to executions issued by magis.

trates. 37. If defendant in execution die after judgment,

how plaintiff' to proceed. 38. If no property be found, plaintiff may have gar

nishee process, &c. 39. Defect in proceedings, how cured. 40. Death of plaintiff, proceedings in case of. 41. Lien en property, not discharged by death of

creditor. 42. Executors and administrators of deceased plain

tiff, may bid off' property, to secure claim. 43. 6«Property law” of January 6, 1813, not dis

turbed.

Section 1. All and singular the goods and chattels, lands, tenements and real estate of every person against whom any judgment has been, or hereafter shall be obtained, in any court of record, either at law or in equity, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon execution to be issued upon such judgment, and the said judgment shall be a lien on such lands, tenements and real estate, from the last day of the term of the court in which the same may be rendered, for the period of seven years ; Provided, That execution be issued at any time within one year on such judgment, and from and after the said seven years, the same shall cease to be a lien on any real estate, as against bona fide purchasers, or subsequent incumbrances by mortgage, judgment or otherwise :

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