for all his services, shall be entitled to retain a sum not exceeding five per centum of the monies which may pass through his hands.

When it shall be necessary to lay taxes in any county in this state for the purposes aforesaid, it shall be the duty of the court, upon the nomination of the treasurer of the public buildings, to appoint one or more collectors to collect the taxes of that year; which collectors, having entered into bond with sureties satisfactory to the treasurer and court, for the faithful collection and accounting for the same, shall be invested with the same powers, subject to the same penalties and restrictions, and entitled to the same compensation that sheriffs are authorised by law to receive for collecting and accounting for the public taxes. And in case any collector appointed in pursuance of the act in that case made and provided, shall fail, neglect, or refuse to account for the monies wherewith he may be chargeable when thereto required, it shall be lawful for the court, on motion of the treasurer, to give judgment against such delinquent collector and his securities, for the amount remaining due and unpaid, with costs; and thereupon to grant exe cution and levy the same accordingly.

When the treasurer of the public buildings of any county, shall in his report to the court of such county, recommend alterations, repairs, or improvements to the courthouse or jail, and the court being satisfied of the utility thereof, it shall be lawful for such court, after having previously estimated the expense, to appoint one or more commissioners, in conjunction with their treasurer, to contract for carrying the same into effect, but such contract being concluded, the power of the commissioners shall cease; and the monies payable thereon shall be advanced from time to time by the treasurer, who is declared to be responsible and accountable to the court, as well for the sufficiency of the work as the disbursements of the money. And the treasurer shall at least once in every year, and oftener if thereto required by the court, exhibit a fair account of his receipts and expenditures, setting forth the monies received, and at what time; the sums expended, to whom, for what use, and at what time. A complete transcript of which account shall be posted up in the courthouse for public inspection. And if the treasurer shall fail, refuse, or neglect to exhibit the same, he shall be liable to be sued upon his bond, and also to such fine in addition thereto, as the court may think proper to impose, not exceeding fifty pounds. But in the appointments of the treasurer and commissioners directed by the act in that case made and provided, there shall be pre

sent a majority of the acting Justices in the counties respectively.

It shall be the duty of the jailor to confine those committed to his custody, in the apartments provided and designated for persons of the description of which the prisoner may be; and in case a jailor shall wantonly or unnecessarily confine prisoners committed to his keeping, otherwise than by law is directed, it shall be a misdemeanor in office, and upon conviction he shall be fined at the discretion of the court trying the

same.

The jails of the several counties in this state shall be provided with at least three separate comfortable apartments; one for the confinement of debtors, one for the confinement of criminals, and one other for the confinement of negroes.

All prisoners committed any jail in this state shall be permitted to purchase and send for necessaries, in addition to the diet furnished by the jailor, as they may think proper; and to provide their own bedding, linen, and clothing, without their being obliged to pay any perquisite to the jailor for such indulgence. And if the keeper of a public jail shall do or cause to be done any wrong or injury to the prisoners committed to his custody, contrary to the intentions of the act in that case made and provided, he shall not only pay treble damages to the person injured, but such fine, not exceeding twenty pounds for each offence, in addition thereto, as the court of the county where the prisoner is confined, shall think fit to im

pose.

All and every person or persons who shall hereafter be committed to a public jail by lawful authority, for any criminal offence or misdemeanor against this state, shall bear all reasonable charges for carrying and guarding them to the said jail, and also for their support therein until lawfully released. And all the estate which such persons possessed at the time of committing the offence, shall be subject to the payment of the aforesaid charges, and other prison fees, in preference to all other debts or demands. And in case there be no visible estate whereon to levy such fees and charges, the amount shall be paid, except for the guards, out of the state. treasury, upon the best evidence which the nature of the case will admit of, and according to such uniform rules as shall be establised by the treasurer and comptroller for that purpose.

Whenever the sheriff of the county wherein any jail is situated, or the person keeping such jail, shall be apprehensive that there is danger of the prisoners escaping, either through the insufficiency of the jail or other cause, it shall be his duty,

ithout delay to make information thereof to a judge of the superior court, the attorney general or solicitor general, if either of those officers be in the county, and if not in the County, to three justices of the peace; who are authorised, upon consideration of the circumstances and information received, if they deem it advisable, to furnish the said sheriff or keeper of the jail, with an order in writing, addressed to the commanding officer of the county, setting forth the danger,

and requiring him to furnish such guard as may ap

pear to be suitable for the cccasion. For which service, the persons ordered out shall receive the same compensation that is or may be provided by law for the militia when called into actual service for the defence of the state; and on application to the treasury for the same, the letter to the commanding of ficer on which the guard was ordered out, the certificate of such commanding officer, countersigned by the sheriff or jailor, together with the deposition of the officer of the guard, setting forth the time of service, and that it was faithfully performed, shall be sufficient to authorise the treasurer to pay the same; for which he shall be allowed in the settlement of his accounts.

When there is no jail in any county, it shall be as lawful for a justice of the peace or county court to commit the offender to the jail of another county, as it would be for hing or them to commit such offender to their own county jail and the jailor of such other county is required to pay due re spect to the commitment

The justices of each county shall and may, from time to time, and at all times hereafter employ persons to keep anėl maintain the stocks already built, aid such as are to be built, or to rebuild such as have fallen into decay or ruin, and the same to keep in good repair, by laying a poll tax on the inhabitants of their respective counties.

And for the preservation af the health of such persons 6 shall at any time hereafter be committed to the county prisons, the court shall have power to mark out such a parcel of land as they shall think fit, not exceeding six acres, adjoining to the prison, for the rules thereof; and every prisoner not committed for treason or felony, giving good security to the sheris of the county to keep within the said rules, shall have liberty to walk therein, out of the prison, for the preservation of his or their health. And every prisoner giving such security as aforesaid, and keeping continually with the said rules, shall be, and is hereby adjudged and declared to be; in law, a true prisoner. And that every person therewith concerned may I i

know the true bounds of the said rules, the same shall be re corded in the county records, and the marks thereof shall from time to time be renewed, as occasion shall require.

All bonds given for prison bounds, by persons committed under writs of capias ad satisfaciendum, shall by the sheriff taking them, be assigned to the parties at whose instance such persons were committed to jail, and shall be returned to the clerk's office whence such execution issued, and shall have the force of a judgment. And if any person obtaining the rules of prison upon giving such bond, shall escape out of the same before he shall have paid the debt and costs, according to the condition of his bond, it shall be lawful for the court where such bond is lodged, upon motion of the party for whom such execution issued, to award execution against such person and his securities, for the debt or damages and costs, with interest to be computed from the time of escape till payment. no person who shall be committed to jail on such latter execution, shall be allowed the rules of prison, but shall be kept in close jail, until the execution shall be satisfied. But such obligor shall have ten days' previous notice of such motion in writing. And the obligors in such case shall not be permitted to plead non est factum in their defence, unless they shall by affidavit prove the truth of such plea..

When prisoners are delivered to any keeper of a jail in this state, by the authority of the United States, such keeper is commanded to receive such prisoners and commit them, under the like penalties as for neglect or refusal to commit state pri

soners.

PROCESS.

Wherever a statute or act of assembly empowers a justice or justices, out of court, to enquire, hear, and determine, or to examine into an offence, and to bail or commit the offenders, or to convict for offences, and to give judgment for a penalty, they may grant their warrant to compel the party's appearance, and all other process, without which they cannot do completely that which is enjoined them. Hayw.

PROPHECIES."

False and pretended prophecies, as they raise enthusiastic jealousies in the people, and terrify them with imaginary fears, are punished by statute with a fine of 1007. and one year's

imprisonment for the first offence; and for the second a forfeiture of all goods and chattels, and imprisonment during life.

PROCESSIONERS-See Lands.

PUBLIC WORSHIP.

If any congregation of Christians, assembled for the purpose of divine worship, be interrupted in their decent and quiet devotion, the offender may be indicted, and thereupon fined and imprisoned. Also he may be bound to his good behaviour, by any justice to whom complaint shall be made. 3 Burr. 1684.

And so are all offences notoriously and grossly against public decency and good manners.-Burr. 1438.

The statutory provisions on this subject are, that no person who is settled at or near to any church or meeting house yard in this state, shall sell spirituous liquors to persons assembled for divine worship. Nor shall any other person bring to any church or meeting-house yard, on days fixed upon for divine worship, and there attempt to sell or give away, on such days as aforesaid, any spirituous liquors or other articles, or erect any booth, harbour, or make a stand adjacent thereto, for the purpose of selling or giving away spirituous liquors and other articles, on such days. Nor shall any of these things be done within half a mile of said places (licensed taverns and stores excepted) under the penalty of five pounds for each and every offence; to be recovered by warrant before a justice of the peace and applied to the use of the poor of the county. And upon information made to a justice, of the commission of such offence, he shall issue his warrant against such offender, and have him brought to justice. Provided any person thinking himself aggrieved by the decision of a justice on such trial, may appeal to the succeeding county court. And in all such cases, it is the duty of the county attorney to appear and prosecute on behalf of the state.

This act is not intended to operate before the hour of ten in the forenoon, nor after the hour of four in the afternoon, where a church or meeting-house is situated within the limits of any town within this state. Nor shall any recovery be had in pursuance of this act, unless information of the offence be made within ten days after it is committed.