CHAPTER 197. OF IMPRISONMENT OF DEBTORS AND OF JAIL LIMITS AND JAIL BONDS. SECTION 1. Liberty of the jail yard, in what cases, and on what conditions granted. 2. Bond in such cases, how given and the condition thereof. 3. Where prisoner may go upon giving bond. 4. How long to have liberty of the yard, if committed on execution, unless an assignment is executed. 5. Liability and duty of the keeper of the jail under such assignment. 6. What, in certain cases, is deemed an escape. 7. Surety in such bond may surrender SECTION his principal; effect of, on principal and surety. 8. Judgment on bond, for what to be rendered. 9. Limitation of action on bond. 10. Note of cause of action to be made on execution, and also by officer in his commitment. 11. Effect of neglect to make such note on the liability of the keeper. 12. Assignments during imprisonment, when void. 13. Bonds, &c., for ease of prisoner, void. 14. Limits of jail yards. SECTION 1. Whenever any person shall be imprisoned for want of bail in any civil action; or upon surrender or commitment by bail in any such action; or for non-payment of any military fine, or state or town tax; or on execution in any civil action, (except on executions awarded in actions on penal statutes or on bonds given in pursuance of the provisions of this chapter, or in any actions of trover, detinue or trespass, other than trespass quare clausum fregit, in which title to the close was in dispute between the parties, and trespass and ejectment;) the sheriff or keeper of the jail may grant to such person a chamber or lodging in any of the houses or apartments belonging to such jail, and liberty of the yard within the limits thereof, upon reasonable payment to be made for chamber room, and upon bond being given by such person as hereinafter provided. SEC. 2. Such person shall first leave with such sheriff or keeper of the jail, a bond to the creditor, with two or more sufficient sureties, being inhabitants of this state, bounden jointly and severally at least in double the sum for which he is imprisoned, with condition in form following: "That if the above prisoner in the jail in within the county of suit of now a at the his shall from henceforth continue to be a true prisoner in the custody, guard and safe-keeping of keeper of the said jail, and in the custody, guard and safe-keeping of deputy, officers and servants, or some one of them, within the limits of the said jail, and keeping the said jailer advised of the place of his usual residence and abode therein, until he shall be lawfully discharged, without committing any manner of escape or escapes, during the term of his restraint, then this obligation shall be void, or else shall remain in full force and virtue." SEC. 3. Any person confined in any jail who may give bond as aforesaid, may go into any building or place within the exterior limits of the yard, complying with said bond and conforming to law. SEC. 4. No person committed on execution shall have the liberty of the prison yard for more than thirty days after his said commitment, unless he shall within the said thirty days execute an assignment of all his estate of every kind not exempted from attachment by law, and wherever the same may be, to such keeper of said jail, and his successor in said office, and his heirs and assigns, in trust for the equal benefit of all his creditors in proportion to their demands. SEC. 5. The keeper receiving an assignment as aforesaid shall not be held responsible to any person for any property of any assignor, except such as he has actually received into his possession; provided he shall assign all the interest he shall obtain thereby, to the committing creditor, if a resident of this state, upon his request, or to such person, being a resident thereof, as such creditor shall name, to be held by such creditor or person so named, his heirs, executors, administrators and assigns for the purposes and uses set forth in said deed, and a record of such assignment and of said transfers shall be made by said keeper. SEC. 6. If any person so committed shall neglect to render himself to the keeper of the jail, in said jail, within said thirty days, or make an assignment as hereinbefore provided, he shall be deemed to have committed an escape under his bond for the liberty of the prison yard. SEC. 7. Any person who shall become surety in any bond given by any debtor for the liberty of the jail yard as aforesaid, shall have a right at any time to deliver up the principal in said bond to the sheriff of the county in which such debtor may have been committed, or to the keeper of the jail therein, and within such jail; whereupon he shall be detained by such sheriff or keeper in close jail, in the same manner as though he had not been liberated on bond, until he shall give other bond according to the provisions of this chapter, or be otherwise discharged according to law; and none of the sureties, after the principal has been delivered up as aforesaid, shall be liable for any escape thereafter committed by the principal. SEC. 8. If the creditor shall obtain judgment on such bond for the breach of the condition thereof, he shall recover his just debt with interest from the time judgment was rendered in the original suit, and twelve per cent. interest on such debt for his damages; and the court shall render judgment thereon accordingly. SEC. 9. No action shall be maintained for the breach of any bond given for the liberty of the jail yard as aforesaid, unless the same be brought within one year after the time such breach was committed. SEC. 10. Every justice of the peace and the clerk of any court issuing an execution against any person, shall note on the margin thereof the cause of action on which the same issued; to the end that the keeper of the jail may ascertain whether such person, if committed, be entitled to the liberty of the jail yard; and every officer committing any person to jail on such execution shall note in his commitment the cause of action on which the execution is founded, according to the note or memorandum of the justice of the peace or clerk. SEC. 11. If no such memorandum be made by such justice or clerk on any execution, or if the officer shall not note the same in his commitment, the keeper of the jail shall be held harmless if he permit the person committed to have the liberty of the jail yard, or discharge him on his producing a certificate of having taken the oath prescribed by law for poor debtors. SEC. 12. All assignments, transfers and conveyances of property made by a debtor during imprisonment for the payment or security of any debt, except that of the committing creditor, shall be utterly void, unless made for the benefit of all his creditors in proportion to their respective demands. SEC. 13. If any sheriff, deputy sheriff, town sergeant, constable or keeper of any jail, shall take or receive from any prisoner in his custody, any bond, obligation, covenant, promise or assurance whatever, to indemnify and save harmless the person taking the same, for the enlargement or ease of such prisoner, in any other form or manner than is prescribed by law for taking bail on mesne process in a civil action, or is prescribed in this chapter, every such bond, obligation, covenant, promise or assurance whatever shall be utterly void. SEC. 14. The limits of each county shall be the limits of the jail yard thereof. SECTION 13. Duty of keeper on receiving such certificate. 14. Prisoner not to be detained for fees. 15. Liability of keeper under assignment from person allowed the oath. 16. Persons excepted from the provisions of the first section. 17. When debtor is not entitled to another citation. Relief before the court. 18. When oath may be administered by court before which action is pending. 19. Application for citation, to whom made. 20. How served and returned, 21. Hearing on such citation. 22. Execution, how to run if oath is administered. SECTION Debtors liable to imprisonment on execution. 23. Defendant in execution may apply for citation to his creditor. 24. Citation, how served. 25. Proceedings upon return of such citation. 26. Effect of taking the oath in such case. 27. Certificate of oath, how and by whom given. 28. Assignments, when and to whom to be made, and copies where to be filed. 29. Who deemed the creditor under this chapter, and what the effect of a discharge. 30. Who may adjourn the hearing on a citation. 31. Members of Narragansett tribe within the provisions of this chapter. Relief of debtors imprisoned. SECTION 1. Any person who shall be imprisoned for debt, whether on mesne process or execution, or for non-payment of military fine, or town or state taxes, or on execution awarded against him as defendant in any action of trespass and ejectment, or trespass quare clausum fregit, in which title to the close was in dispute between the parties, may complain to any justice of the supreme court or to any justice of the peace in the county where such person shall be committed, that he has no estate, real or personal, wherewith to support himself in jail, or to pay jail charges, and may request to be admitted to take the poor debtor's oath. SEC. 2. Such justice shall forthwith issue a citation to the creditor, if within this state, or if such creditor does not live within this state, then to his agent or attorney of record within this state, to appear at such time and place as the said justice shall appoint, to show cause, if any he have, why the person complaining as aforesaid should not be admitted to take such oath. SEC. 3. The citation shall be served on the creditor, his agent or attorney as aforesaid, seven days at least before the time appointed as aforesaid, by reading the same to him, or by leaving an attested copy at his last and usual place of abode, by the sheriff, his deputy or either of the town sergeants or constables in the county in which such creditor, his agent or attorney shall reside. SEC. 4. Such creditor, his agent or attorney as aforesaid, shall, if personally served with said citation, upon reasonable demand therefor pay to the officer serving the same, the sum of two dollars for the past and future board of such prisoner in full to the return day of such citation, which sum the officer shall immediately pay over to the keeper of the jail to which said prisoner is committed. SEC. 5. The officer serving any creditor, his agent or attorney, with a citation by personal service, shall set forth in his return thereon, that he has demanded as aforesaid of the person so served the sum of money for the past and future board of such prisoner provided by law, and that the person so served has paid, or neglected and refused to pay the same, as the case may be; and unless it appear by the return of the officer upon the citation, that the money has been demanded and refused as aforesaid, the prisoner shall not be entitled to his discharge. SEC. 6. If service of the citation is made by leaving a copy thereof, the person served therewith shall pay the sum as aforesaid to the keeper of said jail, within twenty-four hours after such service. SEC. 7. The creditor, his agent or attorney as aforesaid shall, in addition, pay to the keeper of said jail the sum of two dollars per week for the future board of such prisoner, counting the first week for said last-mentioned payment from and including the day on which said citation is made returnable; which payment in advance shall continue thereafter to be made by such creditor, during the time the said prisoner shall be detained at his suit. SEC. 8. In case of any default on the part of such creditor, his agent or attorney, to make payment as aforesaid, the keeper of said jail shall discharge such prisoner from jail, stating in his formal discharge on the jail book, the reason thereof: Provided, that no prisoner shall be discharged by reason of such default who has been refused the poor debtor's oath, and who shall, at the time of such default, have the liberty of the jail yard. SEC. 9. The amount paid by the creditor for the board of the person imprisoned at his suit, shall be added to and form a part of the costs of commitment and detention, and as such costs shall be paid by the prisoner in the then existing or any future proceeding which may be lawfully instituted against him for the recovery of the debt and costs of said suit. SEC. 10. Any justice of the supreme court with any justice of the peace in the county where the prisoner is committed; or any justice of the court of magistrates in the city of Providence with any justice of the peace in the county of Providence, (when the prisoner shall be committed in said county;) or any two justices of the peace in any other county in which the prisoner is committed, may, at the time and place appointed as aforesaid, examine the return of said citation, and if it shall appear to have been duly served, may administer the oath hereinafter prescribed to the party imprisoned as aforesaid, if, after fully examining the prisoner under oath, and hearing the parties, the said justices shall think it proper so to do: Provided, such applicant shall then and there first make and execute a deed of assignment of all his estate of every kind, and wherever the same may be, except what is exempted from attachment by law, to such keeper and his successor in his said office and his heirs and assigns in trust, for the benefit of all his creditors in proportion to their respective demands. SEC. 11. The oath to be administered in such a case shall be as follows: I do solemnly swear, (or affirm,) that I have not any es |