designated by such officer; and on due proof of notice having been given as hereinbefore provided, such Judge or Commissioner shall examine the prisoner on oath concerning his estate and effects, and the disposal thereof, and his ability to pay the sum for which he is committed, or any part thereof, and shall hear any other legal and pertinent evidence that may be produced by the prisoner or any plaintiff in such execution.

administer osth

(5541.) SEC. 6. If the officer before whom such examination When officer to is had, shall be satisfied of the truth of the facts set forth in the oath to be taken by the debtor, and in the certificate to be made by such officer, as required in the two following sections, he shall administer to such debtor the oath hereinafter prescribed.

(5542.) SEC. 7. Such oath shall be in the following form: Form of oath. do solemnly swear (or affirm, as the case may be),

"I
that I have no estate, real or personal, to the amount of
twenty dollars, except such goods and chattels as are by law
exempt from execution, and that I have not any other estate,
now conveyed or concealed, with design to secure the same to
my use, or to the use of my family, or to defraud my creditors;"
which oath shall be signed by the person making the same,
and be certified by the officer.

Icate to be made

(5543.) SEC. 8. After administering such oath, such officer Form of certif shall make a certificate under his hand, in substance in the by officer. following form:

To the keeper of the jail of said County:

"I, the subscriber, Judge of the County Court (or a Circuit Court Commissioner, as the case may be), for said County, do hereby certify that A. B., a poor prisoner, confined upon execution in a civil cause, in the jail of said county, has caused C. D., the person at whose suit he is imprisoned, to be notified according to law, of his desire to take the benefit of the law for the relief of poor debtors; that in my opinion the said A. B. has no estate, real or personal, to the amount of twenty dollars, except such goods and chattels as are by law exempt from execution, and has not any other estate now conveyed or concealed, or in any way disposed of with design to secure the same to his own use or the use of his family, or to defraud his creditors; and that I have, after due examination of the said A. B., administered to him the oath prescribed by

discharged, and

cate filed.

law to be taken by poor prisoners, who are committed on execution in civil causes."

Prisoner to be (5544.) SEC. 9. The jailor, upon receiving such certificate, oath and certif- shall discharge the prisoner so far as he is held in prison on the execution or executions therein mentioned, and such certificate, and the oath taken by such prisoner shall be filed and preserved in the office of the Clerk of the County in which the proceedings were had.

When prisoner to be remanded, etc.

Debtor discharg

ed to be forever

less, etc.

(5545.) SEC. 10. If the officer to whom any application shall be made under the provisions of this chapter, after the examination of the prisoner, shall not be satisfied that he is entitled to his discharge, such prisoner shall be remanded to prison; but he shall not thereby be prevented from obtaining his discharge upon new notice to the creditor or creditors, and new proceedings before the same or some other proper officer, in the manner herein provided.

(5546.) SEC. 11. The debtor, after being so discharged, shall exempted, un be forever exempted from arrest or imprisonment for the same debt, and shall be discharged from such debt, unless he shall be convicted of having sworn falsely upon his examination before the officer, or in taking the oath before prescribed.

Consequences if debtor convicted of perjury.

(5547.) SEC. 12. If he shall be so convicted, he shall have no benefit from the proceedings had under this chapter, and shall be liable to the punishment of perjury; and the creditor or creditors may have new executions against the body, or against the goods and chattels, lands and tenements of the debtor, in like manner as if he had not been committed on execution.

TITLE XXXV.

OF ADMITTING PRISONERS TO THE LIBERTIES OF JAILS; OF ESCAPES; AND GENERAL PROVISIONS RELATING TO JAILS, AND THE CONFINEMENT

OF PRISONERS THEREIN BY VIRTUE

OF CIVIL PROCESS.

CHAPTER CLXXII. Of Admitting Prisoners to the Liberties of Jails; Of Escape, and the
Liability of Sheriffs there for.

CHAPTER CLXXIII. General Provisions Relating to Jails, and the Confinement of Prisoners
therein by virtue of Civil Process.

OF

ADMITTING PRISONERS TO THE LIBERTIES OF JAILS; OF ESCAPES, AND THE LIABILITY OF SHERIFFS THEREFOR.

SECTION

5548. Who entitled to liberties of jail limits;

What limits to be.

6549. Bond to be executed.

5550. Condition of Bond.

5551 For whom held.

5552. When prisoner may be recommitted.

6553. Principal may be surrendered by sureties.
6554. How surrender made.

5555. What an escape of prisoner.
5556. Defence in suit on Bond.
5557. Effect of judgment against Sheriff.

5558. Summary judgment in favor of Sheriff.
5559. Previous notice, etc., required.
5560. Staying proceedings on judgment.
5561. When judgment to be vacated.
5562. Evidence of damages, etc.

SECTION

5563. Assignment of Bond by Sheriff.

5564. Action by Assignees; Damages therein.

5555. Effect of assignment.

5566. Defence to action of Assignees.

5567. Staying proceedings against Sheriff.
5568. When stay not authorized.

OF ESCAPES, AND THE LIABILITY OF SHERIFFS
THEREFOR.

5569. When prisoner to be actually confired.
5570, 5571. When being without jail limits an

escape.

5572. Defence of Sheriff.

5573, 5574. Penalty on Sheriff for receiving reward to connive at escape.