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Previous notice, etc., required.

Staying proceed. ings on judgment.

When judgment

to be vacated.

Evidence of damages, etc.

Assignment of
Bond by Sheriff.

Action by As

signees, damages therein.

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.

(5559.) SEC. 12. But to entitle any Sheriff to move for such judgment, he shall have filed his declaration, and shall show to the Court that he has given twenty days' notice of such motion.

(5560.) SEC. 13. If it shall appear on the hearing of such motion, that the defendants have any meritorious cause of defence, which was not 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.

(5561.) SEC. 14. If such defence be established, the Court shall vacate such judgment, and render judgment as in other

cases.

(5562.) SEC. 15. In every action brought by a Sheriff on such bond, the recovery 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.

(5563.) SEC. 16. If any such bond shall be forfeited, the party at whose suit 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 endorsement thereon.

(5564.) SEC. 17. The party to whom such assignment shall have been made, may maintain an action on such bond as assignee of the Sheriff taking 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. (5565.) SEC. 18. The acceptance of an assignment of any Effect of Assignsuch bond, shall be 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.

ment.

of Assignees.

(5566.) Sec. 19. In every action brought by the assignee of Defence to action 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 action, in bar thereof, and to make any defence which they would be 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.

ings against Sher

(5567.) SEc. 20. In case the party at whose suit any person Staying proceedshall have been confined to the liberties of a jail, shall refuse iff. or neglect to take an assignment of the bond executed by such person, as hereinbefore 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 proceedings upon the judgment against such Sheriff, until he shall have had a reasonable time to prosecute the bond taken by him, and to collect the amount of any judgment he may recover thereon.

authorized.

(5568.) SEC. 21. But the last preceding section shall not when stay not extend to authorize such stay of proceedings, in any action. where the judgment shall have been recovered against any Sheriff, for any escape committed with the assent, aid or assistance of such Sheriff.

OF ESCAPES, AND THE LIABILITY OF SHERIFFS THEREFOR.

to be actually

(5569.) SEC. 22. All prisoners committed to any jail upon when prisoners process for contempt, or committed for misconduct in the confined. cases prescribed by law, except on attachments for the nonpayment of costs, shall be actually confined and detained within such jail, until they shall be from thence discharged by due course of law, or shall be removed to some other jail or place of confinement in the cases provided by law; and if any Sheriff or keeper of a jail shall permit or suffer any prisoner so committed to such jail, to go or be at large out of his

When being without jail limits an

escape.

3 McLean, 99. 2 Gray, 214.

Ibid.

Defence by Sheriff.

Penalty on Sher

iff for receiving

prison, except by virtue of some writ of habeas corpus or rule of Court, or in such other cases as may be provided by law, he shall be liable to the party aggrieved, for his damages sustained thereby, and shall be deemed guilty of a misdemeanor.

(5570.) SEc. 23. If any prisoner committed to any jail, by virtue of any capias ad respondendum, or upon a surrender in exoneration of his bail, made either before or after judgment rendered, shall go or be at large, without the jail limits of the county in which he shall have been imprisoned, without the assent of the party at whose suit such prisoner shall have been committed, the same shall be deemed an escape of such prisoner, and the Sheriff having charge of such jail shall be answerable therefor to such party in an action of trespass on the case, to the extent of the damages sustained by him.

(5571.) SEC. 24. If any prisoner committed to any jail, in execution in a civil action, or upon an attachment for the non-payment of costs, shall go or be at large without the jail limits of the county in which he shall have been imprisoned, without the assent of the party at whose suit such prisoner shall have been committed, the same shall be deemed an escape of such prisoner, and the Sheriff having charge of such jail shall be answerable therefor to such party for the debt, damages, or sum of money for which such prisoner was committed, to be recovered in an action of debt or of trespass on the case.

(5572.) SEC. 25. In every action against a Sheriff or other officer, for the escape of any prisoner, the defendant may give notice that before the commencement of such action, such prisoner voluntarily returned to the jail from which he escaped, or within the liberties thereof; or that such defendant retook such prisoner, and had him within the jail from which he escaped, or within the liberties thereof, before the commencement of such action; and in either case, that such escape was made without the consent of such defendant.

(5573.) SEc. 26. Every Sheriff or other officer, who shall reward to con-demand or receive any reward, gratuity, or valuable thing, to procure, assist, connive at or permit any escape of any prisoner in his custody, shall be deemed guilty of a misdemeanor.

nive at escape.

Ibid.

(5574.) SEC. 27. Every Sheriff or other officer who shall be convicted of a violation of the last section, shall forfeit his office, and shall be forever thereafter incapable of executing the same.

CHAPTER CLXXIII.

GENERAL

PROVISIONS RELATING TO JAILS,

AND THE CON

FINEMENT OF PRISONERS THEREIN BY VIRTUE
OF CIVIL PROCESS.

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to take and keep

(5575.) SECTION 1. It shall be the duty of the Sheriffs of Duty of Sheriffs the several counties of this State to receive into their prisoners, eta. respective jails and keep all prisoners who shall be committed to the same, by virtue of any civil process issued by any Court of Record instituted under the authority of the United States, until they shall be discharged by the due course of the laws of the United States, in the same manner as if such prisoner had been committed by virtue of process in civil actions issued under the authority of this State; and every such Sheriff may receive to his own use such sums of money as shall be payable by the United States for the use of the said jails: Provided, That nothing in this or the next succeeding Not to recetve section contained shall be construed to authorize or require as Fugitive Slave. any Sheriff or other officer to receive into or detain, or permit any person to receive into or detain in any of said jails or other public buildings, any person claimed as a fugitive slave:

person claimed

receiving Fugi.

Prohibited from And, provided further, That every Sheriff or other officer or tive Slave. keeper of a prison is hereby peremptorily prohibited from receiving or detaining or permitting to be received or detained in any such jails or other public buildings any such fugitive slave as aforesaid; every Sheriff or other officer or Penalty for dis keeper of a prison who shall offend against the last preceding obedience. provision of this section shall be liable to an indictment for a misdemeanor, and upon conviction thereof shall pay a fine of one thousand dollars, and be imprisoned in the county jail one year. (a)

Liability of Sher iffs for safe keep

(5576.) SEc. 2. Every Sheriff or keeper of a prison, to ing of prisoners. whose jail any prisoner shall be committed, by any marshal or other officer of the United States, as provided in the preceding section, shall be answerable for the safe keeping of such prisoner, in the Courts of the United States, according to the laws thereof.

prisoners on civil

process.

Confinement of (5577.) SEC. 3. Prisoners arrested on civil process, shall be kept in rooms separate and distinct from those in which prisoners detained on a criminal charge or conviction shall be confined; and on no pretence whatever, shall prisoners on civil and criminal process, be put or kept in the same room.

Male and female prisoners.

Liability of Sher. a.

Jails in the sev eral Counties.

Judge may desig

nate jail in certain cases.

(5578.) SEC. 4. Male and female prisoners, unless they be husband and wife, shall not be put, kept or confined in the same room in any prison.

(5579.) SEc. 5. Every Sheriff or other officer, who shall offend against the provisions of either of the two last preceding sections, shall be liable to the party injured in three times the damages found by the jury; and shall be liable to an indictment for a misdemeanor, and upon conviction thereof, in addition to any other punishment, shall forfeit his office.

(5590.) SEC. 6. The buildings now used as jails and prisons in the respective counties of this State, shall be and continue the jails of the said counties respectively, until other buildings shall be designated or erected for that purpose, according to law.

(5581.) SEC. 7. If in any county there shall not be a jail, or the jail erected shall become unfit or unsafe for the confinement of prisoners, or shall be destroyed by fire or otherwise,

(a) As amended by "An Act to prohibit the use of the Common Jails and other public buildings in the several Counties for the detention of persons claimed as Fugitive Slaves." Approved February 13, 1855. Laws of 1855, p. 415. For further provisions on the same subject, see Chapter 177, and the second Section of Chapter 201.

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