take care of the goals, and keep them in repair. The county courts may appoint collectors in the refpective towns, who for refufing to accept the office, are fubjected to a penalty of forty fhill ings; and the collectors have the fame power and fees, as the collectors of state taxes, and failing to make collection and payment, the treasurer of the county may iffue his warrant to fome proper officer, to levy and collect of them, fuch fums as may be due.

All perfons committed to goal for any crime, muft, if they have eftate, defray the expence; if not, may be difpofed of in service for that purpose. All prifoners are permitted to provide what food they please, and fend for it where they pleafe, and to use bedding, linen, and other neceffaries as they think fit, neither fhall the goal keeper demand greater fees for commitment, discharge, and chamber room, than what is allowed by law and for any offence therein, he shall pay treble damages to the party injured, and be fubject to fuch fine as the court fhall fee fit to inflict. The prifoners for debt, and felons fhall not be lodged in the fame room, in the prison, and if the goaler or keeper of the prifon, fhall offend herein, he is liable to pay treble damages to the party grieved.

The county courts have power to fix and establish certain limits adjoining the prifon, which conftitute the liberties of the prifon, and the sheriff has difcretionary power, to take bonds of prisoners confined in civil matters that they will not depart the limits of the prifon, and then they may be enlarged.

The county is refponsible for all escapes of prifoners, thro the infufficiency of the goal, and in cafe there be no money in the treafury, they may tax the inhabitants, appoint collectors, and enforce the collection; but no procefs will lie against the county, in any cafe but for an escape. The judges of the county courts may fummon together the affistants and justices of the peace, the major part of whom have power to build work-houses in each county, and levy taxes to defray the expence. The county courts have power to appoint overfeers, and mafters of the work-houses, and to do every thing neceflary to accomplish the business.

The feveral goals in the counties are made work-houses, or houles of correction, till work-houses are erected, and the keepers of

Lyon vs. Sturges, S. C. 1793. - Statutes. 216.

the

the goals, or fuch perfons as they fhall appoint, are masters, or keepers of the goals, as houfes of correction, with all the power of mafters of houfes of correction; and all perfons ordered to be fent to the house of correction, are to be received, and kept in the goals, as houses of correction, till fuch houfes are built, in confequence of this provifion, no houfes of correction have been erected, and the goals are used for that purpose.

The maflers are to keep the perfons fent to the houfe of correction to fuch labor, as they are able to perform, for the time they are ordered to continue there. To compel them to perform their tafks, or if they are diforderly, ftubborn, or idle, they may punish them by putting fetters, and fhackles on them, by moderate whipping, not exceeding ten ftripes at a time, or may abridge them of their food, as the cafe may require, till they are reduced to better order and obedience. For efcapes, the prifoners may be whipped, not exceeding thirty ftripes.

The state furnishes materials for the labour of those who do not belong to any town in the ftate; if they belong to any town, the felectmen are to provide at the expence of the town; and if they are stubborn children, or fervants, their parents or masters must pay the charge of fuch materials, if able; each offender is allowed two thirds of his earnings for his fupport, and the overplus is to be accounted for by the mailer of the house. If heads of families are committed, the profit of their labor, or fo much as the county court fhall think neceflary, may be applied to fupport their families. In cafe of ficknefs, or inability to work, the keeper muft fupport them, and the expense is to be reimbursed by those who are bound to pay for the materials for their labor. The mafter, or keeper is to be allowed reasonable compenfation, is to fettle his accounts with the county court, and may be punished at their direction for any neglect of duty.

The county courts appoint a treafurer, who can pay out money only by their order. He fuperintends the collection of county taxes, and may iflue warrants for that purpofe. He must iflic warrants for the collection of all fines and forfeitares, belonging to the county treasury, in one year after they are impofed, on penalty 2 of

Statutes, 269.

of forty fhillings. He muft keep weights and measures in the county town, as standards for the county, to be fealed by the state stan

dard.

The liability of counties to refpond damages for the escape of prifoners, thro the infufficiency of the goal, may with propriety be confidered in this place.

The ftatute provides, that if any perfon lawfully committed, fhall break goal, and make his escape by reafon or means of the infufficiency of the goal, the damages fuftained by reafon of fuch efcape, fhall be paid out of the county treafury, with a faving that nothing in the act fhall be conftrued to prejudice, or hinder any perfon or perfons, from recovering any expence, coft or damage of the perfon or perfons, or out of the cftate of fuch perfon or perfons, who fhall be aiding, or affifting in breaking the goal, or who fhall efcape or be aiding thereto, and when fuch remedy or fatisfaction may be had, the county fhall not be charged with, nor ordered to pay the faid expense, coft, or damage.

In England the sheriff provides the goal, and of courfe is refponfible for any escape by reafon of its infufliciency. But in this ftate, as the county are obliged to provide the goal, the fheriff is only accountable for the cuftody, and the county are liable for efcapes by reafon of its infufficiency. It is of importance to public justice, and the peace of fociety, that prifoners fhould be fecurely kept. It is therefore established, as a general principle, that the county fall be refponsible for all efcapes by the infufliciency of the goal, that do not happen by fire, public enemies, or the providence of God. Against thefe, it is unreasonable to require that counties fhould provide. Tins reduces the point of infufficiency to a certainty. It will be in vain to fay that the goal was erected of futficient ftrength, because it appeared to be fufficient to restrain common perfons, and the prifoner efcaped by ur.common means. If he were able to make his escape in any other manner than by reafon of fire, public enemies, or the providence of God, the law determines the goal to be infufficient.

It is therefore no excufe for the county, that the prifoner broke

out

out by the help of implements handed in at the window. It is their duty to provide a fufficient goal, which they do not, if prifoners can break out of it with or without implements. If the goal is left acceffible to perfons without, and is of a construction and materials, that by the fecret ufe of implements, it can be broken, it is not the place of fecurity which the law intends. It is the fheri's duty to defend the goal against open and riotous attempts, but it clearly devolves on the county fo to build, and fecure it, that it fhall not be liable to be broken fecretly, without the knowledge of a vigilant keeper.

If perfons aid, and affift the efcape of a prifoner, and have fuffi cient eftate to pay the damages, and are known to the creditor, he muft firft feck his remedy against them, but if they are unknown to him, or unable to refpond the damages, his challenge is directly upon the county.

The statute makes no provifion in favour of the county, upon recaption by fresh purfait. It would feem, however, reafonable, that in fuch cafes the principles of the common law ought to apply; but if the recaption be after the commencement of the fuit, it wil be no excufe by the common law.

The statute enacts that the col and damage fhall first be juftly afcertained and allowed, and the county ordered to pay it. Upon the idea of a juft afcertainment of the coft and damage, the courts have adopted a conftruction, that enquiry may be made with ref pect to the ability of the prifoner, who has made his efcape, to pay, and if he had taken the poor prifoners oath before his efcape, and was wholly unable to discharge the debt, then they fay that no coft, or damage has accrued to the creditor,by the efcape, and that the county in justice are not liable to pay the debt for which he was confined; but if there be proof, or a probability that the prifoner could have paid all, or any part of the debt, they will order the payment of fuch fum as fhall appear to be just and reasonable under the special circumstances of the cafe, and that special damages are only to be given, instead of the whole fum for which the prisoner efcaping was committed.

1

The application is by a petition to the court of common pleas in the county, where the efcape happened; but if any party be aggrieved by the denial, or determination of the county court, they may appeal to the fuperior court, who may hear, and determine the fame, and order the payment of fuch damages, and coft arifing on the appeal, as they judge reasonable.

CHAPTER SIXгH.

OF TOWNS AND TOWN OFFICERS.

THE impoffibility of collecting all the people in one body, to

elect their rulers, and the difficulty of exerting fufficient energy to govern the state, while it remains a fingle corporation, has reudered necessary, a number of fubordinate divifions. Connecticut is divided into a number of fall corporations, called towns. The extent of territory, and the number of inhabitants in each, are fuch, that they may conveniently aflemble to elect their rulers, and manage their common concerns and intereft. These corporations are vefted with certain powers and privileges, for their internal regulation and government. All the inhabitants convene, they have a right to elect their own officers, and poffels fome power of a legiflative nature. Here we may behold an epitome of a pure, unmixed, democracy, and it is here, that the people have the direct and immediate exercite of their power, and privileges as free

men.

As towns are created by ftatute, which are clear and explicit, it will be unneceflary to treat of them at large. I fhall only give a general account, for the purpofe of exhibiting a compleat view of the government of the ftate, which will be more eafily acquired in this way, than by reading the ftatutes in an alphabetical arrangment. I shall handle the fubject under the following divifions. 1. Of the powers of towns. 2. Of their meetings, and the regulations of them. 3. Who may vote in town meetings. 4. The officers of towns, with their power and duty.

1. Of the power of towns. They are communities or corporations capable of firing and being fued, of profecuting and de

fending