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signed or removed, or his executors or administrators, in case of his death, one-half to the use of the person suing for the same, and the
other half to the use of the proper county. County court $ 2. It shall be the duty of the justices of the county court, at the to inquire
ante beginning of every stated court, to inquire into the state of the prisons into condi. tion of pri- in their respective counties, with regard to the sufficiency of such prisous and pri.
sons, and the condition and accommodation of the prisoners; and they shall from time to time take such legal measures as may best tend to secure the prisoners from escape, sickness and infection, and to have the jails cleansed from filth and vermin; and the sheriff shall keep separate rooms for the sexes, except where they are lawfully married, and be responsible that his jailer at all times provides proper meat and drink for all criminals committed to the jail of the county, if such prisoners have no other convenient way of supplying themselves with provisions, which shall always pass to them through the hands of the keeper.
Every person committed to prison in a civil case, or for a criminal nance of offence, may furnish his or her own support and maintenance; and prisoners.
the sheriff or jailer shall admit any person who will administer to the wants of such prisoner, to furnish him or her with necessary support and maintenance; in such manner, however, as not to aid any escape, or endanger the security of the prison.
Any person imprisoned in a civil or qui tam action, shall furnish his or her own sustenance, or pay the jailer fees for the same, until lawfully discharged ; and when any prisoner shall be committed to jail in a civil action, and shall provide for his or her own support, in any way wherein the sheriff or jailer shall have no concern, it shall be the duty of the jailer or prison-keeper, to admit to the wicket-grate, or small window of the prison, in which such prisoner shall be confined, any person who may come to administer to the wants of such prisoner, by furnishing him or her with meat or drink, which shall be conveyed through such small window or grate, that the security of the
prison be not too frequently exposed by opening the doors thereof. State to be § 3. Every person confined for a criminal offence, who may be uncharged with able to support him or herself in prison, shall be supplied by the shemaintenance riff or jailer under his direction, with daily sustenance; and in case in case of his inability tous of conviction and inability to discharge the fees for sustenance, or in discharge case of acquittal, and the fees be not taxed on the prosecutor, the same jailer's fees.
shall be discharged by the territory; and no fees, expenses, or perquisites whatever, except what may be allowed by law, shall be taken
or received of a prisoner, or charged against the territory. Jailer not to § 4. No sheriff, jailer, or person having the care or keeping of any allow prison ers any in.
"jail, shall sell or dispose of, to any person or persons under arrest or toxicating in prison, any wine, rum, brandy, whisky, or other strong or intoxicas.
ing liquor, under the penalty of twenty dollars for each offence, to be Penalty. recovered before any magistrate of the proper county ; one-half to the
person suing for the same, and the other half to the use of the county. 1807—(16) $5. When any person or persons accused of treason, felony, or other Sec. 1. Guard may crime or misdemeanor, shall be committed to the jail of any county in be summon- this territory, and the sheriff shall have cause to suspect such person ed when ne
or persons will attempt to escape, such sheriff is empowered and required to apply to any justice of the quorum of the county where such person or persons may be confined, who shall, on such application, issue his warrant directed to said sheriff, for a sufficient guard for securing such prisoner or prisoners, so long as he, she, or they continue in jail.
$ 6. All expenses which may be incurred for guards employed pur- 1812–(6) suant to the second section of " An act directing the manner of em- Sec.com
Expenses oc ploying proper guards for the safe-keeping of criminals, in the several casioned by
insufficient counties of this territory, and for other purposes," and all and every
jails to be other legal expense which shall accrue from the want of a good and suf-paid by the
county. ficient jail, shall be paid out of the treasury of the proper county."
$7. It shall be lawful for any judge, justice of the quorum, or jus- 1815—(8) tice of the peace, when any person or persons shall be brought before See le
Where jail is him, charged with any criminal offence wherein bail is not admissible, insufficient, or where such prisoner or prisoners shall neglect or refuse to give se-Prisonem in. curity for his, her, or their appearance, to commit the said prisoner or ted in ano.
ther county. prisoners to the nearest jail of some adjacent county, provided there is not a sufficient jail in the county in which the offence was committed, there to be kept until the court shall sit in the proper county for the trial of such prisoner or prisoners; and it shall be the duty of the jailer to receive any prisoner or prisoners sent from any county in which there is not a sufficient jail for safe-keeping, upon the mittimus of any justice of the quorum or peace, of the county from which such prisoner or prisoners are sent.
98. Whenever it may be deemed expedient to call out a guard for 1b. Sec. 2. the guarding of any prisoner or prisoners, such guard shall receive the Guard allow
ed one dollar sum of one dollar each, for every day they may serve, to be allowed per day. by the county court, upon the sheriff's certificate, to be paid out of How paid. the treasury of the county where the offence was committed.
$ 9. The common jail of each county shall be the jail of the circuit 1819–6) court for said county: Provided however, That nothing in this act Seri contained, shall be so construed as to prevent civil officers, judges, ties to be justices, &c. from transferring prisoners to the nearest jail which is cuit courts. good and sufficient, when the jail of the county where such prisoner Proviso. may be arrested, shall be considered insufficient.
10. When it shall be necessary to remove any prisoner from one 1827—(13) county to another, for trial, under an order of court for a change of
On change of venue, it shall be lawful for the jailer, sheriff, or such other person venue, ek. whose duty it shall be to remove said prisoner, to draw up his account beying pri." against the state, for the services performed, including the necessary soner to ano
ther county expenses of travelling to and from the respective counties, which ac- to be paid by count shall be sworn to before some acting justice of the peace, and the state. certified by the court in the same manner as accounts are now required to be certified for keeping prisoners in the public jails of this state. $11. When such services are performed in apprehending persons 1b. Sec. 2.
Expenses of feeing from justice charged with high crimes and misdemeanors against
We apprehend. the state, and who shall be apprehended in any other than the county ing fugitives
from other where the offence was committed, it shall be lawful for the officer,
counties, to Jailer, or other person apprehending such persons, to produce evidence be certified
by the court Ratisfactory to the court before whom the said offences are cognizable, on proof, and of the performance of such services, and the necessary expenses in-paid by the purred in the performance of the same: and the said court may allow reasonable and fair compensation, which shall be certified by the court, and the same shall be chargeable on the state treasury, under such rules ind regulations as are prescribed for the payment of other charges gainst the state.
$ 12. When the solicitor of any circuit shall have good reason 1824-(14) o believe that the keeper of any jail has been guilty of cruel and im-Jailer liable roper treatment towards any prisoner or prisoners, either by beating, to be fived for
maltreating I failing to furnish good and wholesome diet, it shall be his duty to prisoners.
jails of cir.
to the nat in
commence a proceeding against said keeper in the nature of an information, who, upon being found guilty by a jury, shall be fined at the discretion of the court, any sum not less than five, nor more than one hun
dred dollars. 1807—(18) $13. It shall be the duty of every sheriff and other person having Jailer to cer. authority or power of keeping a jail, or of prisoners for felony, to certify names of tify the names of all such prisoners in his keeping, and of every priprisoners to the first court soner to him committed for any criminal offence, at the next court hav. after com
ing cognizance thereof, there to be calendered before the judge for the deliverance of the said jail, whereby he may proceed to make deliver
ance of such prisoners according to law. 1811-(11) $ 14. Whenever any person may be committed to jail in any civil Sec. 29.
suit, whether upon original, mesne, or final process, the jailer of such Jailer may discharge county shall be entitled to demand and receive of the plaintiff or plainprisoner on
stiffs, weekly, all fees that may become due to him, as well as for finding if fees are not sustenance for such prisoner; and in case of failure on the part of the paid by plain litt, aker ten plaintiff or plaintiffs to pay the same, such jailer shall be authorized days' notice. to discharge such prisoner out of jail: Provided, That the jailer shall
have given to such plaintiff or plaintiffs, his or their agent or attorney, ten days' previous notice thereof:1 Provided also, That such discharge shall not go to exonerate any defendant, so discharged out of custody, from the debt for which he had been confined, but the same shall be,
as if the defendant had never been committed to jail. 1930–(1) $ 15. The keepers of the common jails in the several counties of Secret: not this state, shall not be compelled to receive any prisoner committed compelled to upon process from the courts of the United States, unless at the time receive pri soner under of such commitment, there be a good and sufficient jail in the county process from in which such prisoner may be confined; but if there be a good and unless there sufficient jail, then the keeper of any such jail is required to rebe a good jail ceive such prisoner, under the like pains and penalties for neglect of in the coun: ty.
duty, as they now are by law, in the case of prisoners committed un
der the authority of the state. 15. Sec. 2. 16. When any prisoner shall be so committed at the suit of the U.S. mar. shal respon.
. United States, the marshal making such commitment shall become sible for all individually responsible to the jailer for all prison fees, as well as for
the fifty cents per month for each prisoner, agreeably to a resolution of the congress of the United States, of the twenty-third of September,
1789. Ib. Sec. 3. 17. When debtors on judgments in civil causes obtained in courts Debtors.com of the United States, shall be committed to any of the jails of this state mitted on process from by process of execution, unless the plaintiff in such execution shall U. 8. courts, subject to be
o be comply with the existing laws of this state, at the time, such debtor discharged as may be discharged from prison, in the same manner as though such other debt
debtor had been confined under process issuing from the courts of this
state. Tb. Sec. 5. § 18. The several sheriffs of the several counties in this state, in When U.S. which there njay be sufficient jails for the safe-keeping of prisoners, is not plain: tiff, marshal shall not be bound to receive from the marshal for the district of Alato secure she
er bama, any prisoner on process from the district courts of the United fees. States, in civil suits when the United States shall not be plaintiff, un
less the marshal shall secure such sheriff for the amount of prison
U. S. courts,
riff the prison
1833—(42) $ 19. It shall not be lawful for any jailer to charge more than twenSec. 1.
vic. ty-five cents per diem, for victualling any slave whilst confined in
Pay for vic tualling elave.
1 No notice is necessary where the plaintiff resides out of the county, and has appointed no agent in it. See “ Executions," -575.
$20. When any slave shall be committed to jail when the weather 15. Sec. 2.
Jailer to furis inclement, or shall remain in jail until the weather shall become in- bas
nish blank clement, it shall be the duty of said jailer to furnish said slave with ets to slave two good blankets, for which he shall be paid by the owner or owners weather. of said slave, before he or she is released from custody.
2. Enlargement by Habeas Corpus.
to obtain en
vice of the
$ 21. If any person shall be committed or detained in vacation, and 1807—(27) out of term time, for any criminal or supposed criminal matter, unless Seco
Proceedings for treason, or felony punishable with death, the species whereof is in vacation plainly and fully set forth in the warrant of commitment, it shall be la
wall be largement. lawful for such person, or for any one in his behalf, to complain to one of the territorial judges, who may be or reside nearest to the place of his confinement, and to request by a written petition, attested and subscribed by one or more witnesses, that such prisoner may be brought before such judge for the purpose of his examining into the cause of the commitment or detention of such prisoner; and it shall there. upon be the duty of such judge, upon a view of a copy of the warrant of commitment or detainer, or otherwise, upon oath that such copy was denied to be given by the person in whose custody the prisoner is detained, to issue the wrIT OF LIBERTY, (commonly called a writ of habeas corpus,) requiring the production of the prisoner, together with the cause of his detention, directed to the person in whose custody the prisoner is detained, and returnable immediately before the said judge at his place of residence, or at such other place as he shall appoint.
$ 22. Whenever the said writ shall, by any person, be served upon 11. Sec. 2. the officer, sheriff, jailer, keeper, or other person whatsoever, to whom h ileshe the same shall be directed, by being brought to him, or by being left &c., on serwith any of his under officers or deputies, at the jail or place where Weito the prisoner is detained, he, or one of his under officers or deputies shall, within three days after the service thereof as aforesaid, or at such time as may be expressly directed in the said writ, make return on such writ, and bring or cause to be brought, the body of the prisoner unto the judge before whom the said writ is made returnable, or in case of his absence, unto any other of the territorial judges; and shall then likewise, especially and fully certify the true cause or causes of the commitment and detainer of the said prisoner, and when he was committed. But if the place of the commitment of such prisoner be beyond the distance of twenty miles from the place to which such Writ shall be made returnable, and not above one hundred miles, then such writ shall be executed within ten days, and if above the distance of one hundred miles, then within twenty days: Provided always, That such offices or other person shall not be obliged to execute such writ until such prisoner or other person in his behalf shall pay or tender the charges of bringing the said prisoner before such judge, at the rate of twelve and a half cents per mile, and until such prisoner shall give his bond to pay the same for carrying him back, if he should be remanded, and that he will not make any escape by the way. 23. When any prisoner as aforesaid, or other person in his behalf, 1). Sec. 3.
Clerk of cirshall personally, or by writing, apply to the clerk of the superior court
cuit court, of the county in which such prisoner may be confined, and shall pay when apor tender to him fifty cents for so doing, such clerk shall without de-quired to lay, draw up a petition for and in the name of such prisoner or other draw up a person, requesting that he may be brought before the judge to whom
plied to, re
the same is addressed, for the purposes hereinbefore expressed, and
which shall be subscribed and attested as aforesaid. 16. Sec. 4. § 24. The judge before whom any prisoner shall be so brought, shall Duty of the within two days discharge the prisoner from imprisonment, taking his judge.
or her recognizance, with one or more surety or sureties, in any sum according to his discretion, having regard to the circumstances of the prisoner and the nature of the offence, for his or her appearance at the next court where the offence may be properly cognizable, and then shall certify the said writ, with the return thereof, and the said recognizances, into the court where such appearance is to be made, unless it shall appear to the said judge, that the party so committed, is detained upon legal process, order, or warrant, for such matter or offences, for which by law the prisoner is not bailable; and that the said judge may according to the true intent and meaning of this act, be enabled by investigating the truth of the circumstances of the case, to determine whether according to law the said prisoner ought to be bailed, remanded or discharged, the return may, before or after it is filed, be amended by leave of the said judge, and all suggestions made
against it, that thereby material facts may be ascertained. 16. Sec. 5. $ 25. In term time it shall be lawful for any prisoner as aforesaid, Proceedings in manner aforesaid, to move and obtain his or her writ of liberty as in term time.
aforesaid, out of the circuit court of the county in which he or she may be imprisoned; whereupon proceedings shall be had as aforesaid ; and if any such person shall have wilfully neglected by the space of two terms of such court, after his imprisonment, to pay for such writ,
it shall not be granted in vacation in pursuance of this act. 1897—(15) $26. If any person shall be committed for treason or felony, and Sec. 2
shall not be tried at or before the next stated term of the court where Prisoner ma be discharged the offence is properly cognizable, it shall be lawsul for the said court, on bail, if not tried.
not upon the last day of the term, to set at liberty such prisoner on bail,
unless it appear on oath or affirmation, that the witnesses for the state, mentioning their names, could not be produced; and if such prisoner shall not be tried at the second stated term after his or her commitment, unless the delay happen on the application or with the assent of the defendant, he or she shall be discharged from imprisonment on bail :1 Provided, That this act shall not be so construed as to prevent a prisoner committed for a capital offence, from being bailed at or be
fore the first stated term under the existing laws. 1807—(27) 27. Nothing in this act shall extend to discharge out of prison, Exceptions. ons. any person guilty, or charged with any offence committed in any other
part of the United States, and who, agreeably to the laws of congress, ought to be delivered up to the executive power of such state ; nor any person charged with debt or other action, or with process in any civil cause, or suffering imprisonment under lawful judgment founded on a
conviction of some criminal offence. 16. Sec. 8. 28. And that no person may avoid his trial by obtaining a writ of Restrictions
· liberty from some judge residing at a distance from the court where he ought to be tried : Be it further enacted, That no person shall be removed out of the county, upon any writ granted in pursuance of this act, within fifteen days next preceding the term of the court where the offence with which he stands charged is properly cognizable, but upon such writ shall be brought before the judge or judges thereof, who shall thereupon do what to justice shall appertain, and after such court,
1 But not in capital cases for failure to obtain a jury. See “Criminal Law,"–