to issue the necessary process; shall assign to him counsel learned in the laws, and appoint all other officers requisite and necessary to be had for the speed of the said suit, who shall do their duties without any reward for their counsels, help, and business in the same. Sec. 1. annually set count of ex § 11. The judge of the county court, together with the commis- 1823—(4) sioners of roads and revenue, in each county, shall annually set apart part of counsuch portion of the county tax as they shall deem necessary, for the ty tax to be purpose of creating a fund for the support of paupers within such apart as a county; which fund shall be kept separate by the county treasurer; poor-fund. and no money shall be drawn or paid out of said fund, except by order of said judge, for the support of the poor within the county; and in that case it shall be paid to an overseer of the poor, to be by him applied to the purpose for which it is intended: and all overseers Overseers to aforesaid are hereby required, at the end of the term for which they render ac are appointed, to render an account to the said judge and commission- penditures. ers, of the manner in which he or they have disposed of the sum or sums of money by them received out of the poor fund the preceding year; and in case any overseer shall neglect or refuse to render such Penalty for account to the judge and commissioners, as hereby required, he shall failing. forfeit and pay the sum of ten dollars for every such neglect or refusal, to be sued for by the county treasurer, for the use of the poor of each county. * § 12. It shall be the duty of all overseers of the poor, in every 1823—(25) county in this state, to make just and true returns of all poor per- Overseer to sons under their charge and care, to their county courts respective- return list of ly, on or before the court to be held in the month of August in each year; which list shall contain the situation of the paupers, the amount of money necessary to support the same, together with such other circumstances as they may think proper, so as to enable such court to know correctly what sum it may be necessary to appropriate in compliance with An Act to set apart a separate fund, for the support of the poor in each county," passed January 1st, 1823. Sec. 1. paupers, &c. a The preceding act. Sec. 2. Penalty for not making § 13. If any overseer of the poor shall fail or refuse to make the b. report required by the foregoing section, without being able to render a satisfactory excuse for such failure, to be judged of by such court, return. either by personal appearance, or by affidavit by the succeeding court, such overseer shall be liable to a fine of ten dollars by sentence of such court. PRISONS AND PRISONERS. 1. Commitment, guarding, and expenses of prisoners. 1. Commitment, guarding, and expenses of prisoners. Mittimus, § 1. EVERY warrant, mittimus, writ, process, or precept of any kind, 1807–(26) or the attested copy thereof, by which any prisoner may be commit- writs, &c., to ted to, or enlarged from any jail in this territory, shall be regularly be filed; filed in its order of time, and safely kept by the sheriff, or keeper of the jail under his direction; and upon the death, removal, or resignation of any sheriff, every such warrant, mittimus, writ, process, and precept, or copy thereof, filed and kept as aforesaid, shall be delivered and deliverover to his successor in office, on demand by him made, under the penalty of three hundred dollars, to be recovered of the sheriff so re ed to officer's successor. County court to inquire into condi sous and pri soners. 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. § 2. It shall be the duty of the justices of the county court, at the beginning of every stated court, to inquire into the state of the prisons tion of pri- in their respective counties, with regard to the sufficiency of such prisons, 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. Maintenance of prisoners. State to be charged with criminal's in case of his inability to discharge jailer's fees. Every person committed to prison in a civil case, or for a criminal offence, may furnish his or her own support and maintenance; and 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. § 3. Every person confined for a criminal offence, who may be unable to support him or herself in prison, shall be supplied by the she maintenance riff or jailer under his direction, with daily sustenance; and in case of conviction and inability to discharge the fees for sustenance, or in case of acquittal, and the fees be not taxed on the prosecutor, the same shall be discharged by the territory; and no fees, expenses, or per quisites 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 ers any in jail, shall sell or dispose of, to any person or persons under arrest of in prison, any wine, rum, brandy, whisky, or other strong or intoxical ing liquor, under the penalty of twenty dollars for each offence, to be 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. allow prison. toxicating liquors. Penalty. 1807-(16) Sec. 1. Guard may ed when ne cessary. § 5. When any person or persons accused of treason, felony, or other 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 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. Sec. 1. insufficient county. Where jail is prisoner may §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- Expenses ocploying proper guards for the safe-keeping of criminals, in the several casioned by 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 ficient jail, shall be paid out of the treasury of the proper county.1 §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 Sec. 1. him, charged with any criminal offence wherein bail is not admissible, insufficient, or where such prisoner or prisoners shall neglect or refuse to give security for his, her, or their appearance, to commit the said prisoner or ted in anoprisoners 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 suflicient 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. be commit ther county. Guard allow §8. Whenever it may be deemed expedient to call out a guard for Ib. Sec. 2. the guarding of any prisoner or prisoners, such guard shall receive the 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. Sec. 11. § 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 Jails of coun. contained, shall be so construed as to prevent civil officers, judges, ties to he justices, &c. from transferring prisoners to the nearest jail which is as of cir good and sufficient, when the jail of the county where such prisoner Proviso. may be arrested, shall be considered insufficient. cuit courts. Sec. 1. On change of pense of conveying prisoner to another county § 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 venue, it shall be lawful for the jailer, sheriff, or such other person venue, e whose duty it shall be to remove said prisoner, to draw up his account against the state, for the services performed, including the necessary 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 Ib. Sec. 2. fleeing from justice charged with high crimes and misdemeanors against apprehendExpenses of the state, and who shall be apprehended in any other than the county ing fugitives 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 satisfactory 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 curred 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 and regulations as are prescribed for the payment of other charges against the state. from other by the court state. Sec. 1. 12. When the solicitor of any circuit shall have good reason 1824—(14) to believe that the keeper of any jail has been guilty of cruel and im- Jailer liable proper treatment towards any prisoner or prisoners, either by beating, to be fined for or failing to furnish good and wholesome diet, it shall be his duty to prisoners. 1 See "County Buildings,"-§ 5. maltreating 1807-(18) Sec. 13. 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 hundred dollars. § 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 prithe first court soner to him committed for any criminal offence, at the next court hav prisoners to after com mitment. 1811-(11) Sec. 29. Jailer may discharge ing cognizance thereof, there to be calendered before the judge for the deliverance of the said jail, whereby he may proceed to make deliverance of such prisoners according to law. § 14. Whenever any person may be committed to jail in any civil suit, whether upon original, mesne, or final process, the jailer of such county shall be entitled to demand and receive of the plaintiff or plainprisoner on tiffs, 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 tiff, after ten plaintiff or plaintiff's to pay the same, such jailer shall be authorized days' notice. to discharge such prisoner out of jail: Provided, That the jailer shall civil process, paid by plain 1830-(1) Sec. 1. Jailer not receive pri 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. § 15. The keepers of the common jails in the several counties of 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 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 duty, as they now are by law, in the case of prisoners committed under the authority of the state. U. S. courts, in the coun ty. Ib. Sec. 2. U. S. mar shal respon § 16. When any prisoner shall be so committed at the suit of the 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. fees. Ib. Sec. 3. mitted on § 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 process from by process of execution, unless the plaintiff in such execution shall subject to 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 debtor had been confined under process issuing from the courts of this U. S. courts, other debt ors. Ib. Sec. 5. When U.S. state. § 18. The several sheriffs of the several counties in this state, in which there may be sufficient jails for the safe-keeping of prisoners, is not plaintiff, marshal shall not be bound to receive from the marshal for the district of Alato secure she bama, any prisoner on process from the district courts of the United riff the prison States, in civil suits when the United States shall not be plaintiff, unless the marshal shall secure such sheriff for the amount of prisonfees. fees. 1833-(42) § 19. It shall not be lawful for any jailer to charge more than twenPay for vic. ty-five cents per diem, for victualling any slave whilst confined in 1 No notice is necessary where the plaintiff resides out of the county, and has appointed no agent in it. See "Executions,❞—§ 75. 347 Jailer to furnish blank. 20. When any slave shall be committed to jail when the weather Ib. Sec. 2. is inclement, or shall remain in jail until the weather shall become inclement, 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. in inclement to obtain enlargement. 21. If any person shall be committed or detained in vacation, and 1807—(27) Proceedings out of term time, for any criminal or supposed criminal matter, unless Se 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 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. riff, jailer, vice of the writ. § 22. Whenever the said writ shall, by any person, be served upon b. Sec. 2. the officer, sheriff, jailer, keeper, or other person whatsoever, to whom Duty of she 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 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 officer 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. pay Clerk of cir b. Sec. 3. cuit court, when ap plied to, required to § 23. When any prisoner as aforesaid, or other person in his behalf, shall personally, or by writing, apply to the clerk of the superior court of the county in which such prisoner may be confined, and shall or tender to him fifty cents for so doing, such clerk shall without delay, 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 petition. |
