Ib. Sec. 4. judge. the same is addressed, for the purposes hereinbefore expressed, and which shall be subscribed and attested as aforesaid. 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 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 recog nizances, 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 deter mine 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. Ib. Sec. 5. in term time. § 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 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) Sec. 2. Prisoner may tried. § 26. If any person shall be committed for treason or felony, and shall not be tried at or before the next stated term of the court where be discharged the offence is properly cognizable, it shall be lawful for the said court, on bail, if 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: Provided, That this act shall not be so construed as to prevent a prisoner committed for a capital offence, from being bailed at or before the first stated term under the existing laws. 1807-(27) Sec. 7. § 27. Nothing in this act shall extend to discharge out of prison, Exceptions. 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. Ib. Sec. 8. § 28. And that no person may avoid his trial by obtaining a writ of 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,”— the person detained may have his writ of liberty, according to this act. Penalty on a &c., for diso. 29. If any judge, being complained to as aforesaid, shall (upon b. Sec. 9. view of the copy of the warrant of commitment or detainer, or upon judge, sheoath or affirmation that such copy was refused,) refuse or neglect to riff, jailer, award any writ of liberty by this act required to be granted; or if bedience any officer, sheriff, jailer, keeper, or other person to whom any such to this act. writ shall be directed as aforesaid, or any of his under-officers or deputies, shall refuse or neglect to make the returns aforesaid, or to bring the body of the prisoner, according to the command of the said writ, within the respective times aforesaid; or if upon demand by the prisoner or some person in his or her behalf, shall refuse to deliver, or within six hours after demand, shall not deliver to the prisoner or person so demanding, a true copy or copies of the warrant or warrants of commitment and detainer of such prisoner: such judge, officer, sheriff, jailer, keeper, under-officer, deputy, or other person so offending, shall forfeit to the prisoner or party aggrieved, the sum of five hundred dollars in the case of the judge, and the sum of three hundred dollars in the case of a sheriff or other person, to be recovered by the said prisoner or party aggrieved, his or her executors or administrators, against such offender, by action of debt, suit, bill, plaint, or information, in any court of record. Person set at large, not to ted for the same offence. 30. No person who shall be delivered or set at large upon any b. Sec. 10. such writ, shall thereafter at any time, be again committed or imprisoned for the same offence by any person or persons whatsoever, other be recommit than by the legal order and process of such court, wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other person or persons, shall knowingly, contrary to this act, re-commit or imprison, or knowingly procure or cause to be re-committed or imprisoned for the same offence or supposed offence, any person delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, he or they shall forfeit to the prisoner or party aggrieved, (any pretence of variation in the war- Penalty for rant or warrants of commitment notwithstanding,) the sum of five ting unlawhundred dollars, to be recovered by the prisoner or party aggrieved in fully. manner aforesaid. recommit. Prisoner not but by some legal 31. No person committed to any prison, or in custody for any . Sec. 11. criminal or supposed criminal matter, shall be removed from the said to be remov. prison or custody, into any other prison, or into the custody of any ed other person, unless it be by the writ of liberty, or some other legal writ. writ, or where the prisoner is delivered to the constable or other inferior officer to be carried to some common jail, or where any person is sent by any judge or justice, having proper authority, to some common work-house, or house of correction, or where the prisoner is removed from one place to another within the same county, in order to is or her trial or discharge in due course of law, or in case of sudden are, or infection, or other necessity; and if any person or persons shall after such commitment as aforesaid, make out, sign, countersign, and issue any warrant or warrants for such removal, except as before xcepted, he or they shall forfeit to the prisoner or party aggrieved, two undred dollars, to be recovered by the prisoner or party aggrieved in Hanner aforesaid. This act to 32. All the provisions hereinbefore made for awarding and grant- Ib. Sec. 12. g of writs of liberty, and proceeding thereon, in case of commit- apply to cases ent or detainer for any criminal or supposed criminal matter, shall of illegal a like manner extend to all cases where any person shall be confined r restrained of his or her liberty, under any color or pretence what- pretence. confinement, under any Ib. Sec. 13. soever; and upon oath or affirmation made by such person, or by any other in his or her behalf, of any actual confinement or restraint, and that such confinement or restraint, to the best of the knowledge and belief of the person so applying, is not by virtue of any commitment or detainer for any criminal or supposed criminal matter, a writ of liberty, directed to the person or persons so confining or restraining the party as aforesaid, shall be awarded and granted in the same manner, and under the same penalties, to be recovered from the same persons, as hereinbefore directed; and the court or judge before whom the party so confined or restrained shall be brought, shall after the return made, proceed in the same manner as is hereinbefore prescribed, to examine into the facts relating to the case, and into the cause of such confinement or restraint, and thereupon enter bail, or remand, or discharge the party so brought, as to justice shall appertain. § 33. Whensoever any writ of liberty shall be served upon the disobeying person or persons confining or restraining the party in the manner last section. herein last mentioned, by being brought to such person or persons, or by being left at the place where the party shall be so confined or restrained; the person or persons so confining or restraining such party, shall make return of such writ, and bring or cause to be brought the body of such party, according to the command thereof, within the times limited, and under the provisions hereinbefore prescribed; and every such person refusing or neglecting to make return of such writ, or to bring or cause to be brought the body of the party, according to the command thereof, within the times respectively limited, and under the provisions hereinbefore prescribed, shall be guilty of a contempt of the court, under the authority of which or of the judge thereof, the said writ shall have issued; and shall also forfeit for the first of fence, to the party aggrieved, two hundred dollars, and for the second offence four hundred dollars, to be recovered by him or her, or his or her executors or administrators, against the offender, in the manner aforesaid. Ib. Sec. 14. Suits for breach of this any § 34. No person shall be sued, impleaded, molested, or troubled, for offence against this act, unless such person be sued or imact, limited pleaded for the same within two years after the time wherein the said to two years. offence shall have been committed, in case the party aggrieved shall not be then in prison or confined or restrained as aforesaid; and if the said party shall be then in prison, or so confined or restrained, then within two years after the decease of the person imprisoned, or so confined or restrained, or his or her delivery out of prison, or from such confinement or restraint. Ib. Sec. 15. Defendant may plead general is sue. 1812-(10) Sec. 5. Judge of may award § 35. The defendant or defendants in any action, suit, bill, plaint, or information, for any offence against this act, may plead the general issue, and give the special matter in evidence. § 36. In all cases not capital, the chief justice of the orphans' court where any person is imprisoned, may grant a writ of habeas corpus, county court in the same manner, and under the same regulations as judges of the superior court are by law authorized to do; and such chief justice in cases not may discharge, admit to bail, or remand to jail, any prisoner brought before him, in like manner as the judges of the superior court are by law authorized to do. habeas corpus capital. PRISON-BOUNDS, AND PRISON-BOUND BONDS. Sec. 2. prison. §1. THE judge of the county, together with the commissioners of 1824—(14) revenue and roads, shall mark and lay out the bounds and rules of Judge and their respective prisons, not exceeding one mile from the jail, which commissionmarks and bounds shall be recorded, and renewed or altered from time ers to lay off to time, as occasion may require; and any prisoner imprisoned in bounds. civil action for debt or damages, on original, mesne, or final process, to the on entering into bond with security as hereinafter mentioned, shall be at liberty to walk within said prison-bounds, and keeping within the same shall be deemed in law a prisoner. a Who entitled bounds. the §2. Any prisoner imprisoned, as mentioned in the second section Ib. Sec. 3. of this act, may enter into bond with sufficient security to the plaintiff Condition of in double the sum of the debt or damages for which he may be imprisoned; which bond the sheriff or jailer may take, with a condition in the following form, to wit: "The condition of the above obligation is such, that if the above bound A. B. a prisoner in the jail of county at the suit of C. D. do, and shall from the date hereof, continue a true prisoner in the custody, guard, and safe keeping of the keeper of said prisoner, or of his steward, deputy, or other officer, or of some of them, within the limits of the prison-bounds of said prison as by law established, until he shall be thence discharged by due course of law, without committing any escape in the mean time, then this obligation to be void, else to remain in full force and virtue"-which bond Bond, where shall by the officer taking the same be filed in the clerk's office of the filed. court, whence the process issued on which such prisoner was arrested, and if issued by a justice of the peace, it shall be filed in the clerk's office of the county court, and the clerk in either case, shall be bound bond when to give the officer depositing such bond a receipt therefor, which shall Evidence of be evidence, in case said bond should be lost, of said officer's having on taken the same: and should the condition of said bond be broken, the Plaintiff may same may be put in suit, and the debt or damages for which said bring suit. prisoner was imprisoned, together with ten per cent. interest thereon, from the time of commitment, recovered, and costs of suit. Sec. 1. bond, plain tiff may proceed by mo. tion against principal and securities. 13. If any person shall obtain the rule of any prison, upon giving 1809–(4) bond and security as the law directs, and shall escape out of the same before he shall have paid the debt, or damages, and costs, according to the condition of said bond; upon due proof thereof, it shall be lawful for the court where such bond is lodged, upon motion of the party for whom such execution issued, to grant judgment and award execution against such person and his securities, executors, or administrators, for the debt or damages, and costs, with six per cent. interest, to be computed from the date of such bond until payment: Provided, That Jury may be if any fact should arise requiring to be tried by a jury, the court shall empanelled have power to cause a jury to be empannelled and sworn to try the same; and if the regular jury attending such court shall be discharged, the court shall cause a jury of qualified by-standers to be summoned for the trial thereof: Provided always, That the obligors, their exe- Defendant to cutors, or administrators, or such of them as it is intended to have have notice judgment entered up against, shall have notice in writing, at least ten days previously to the time of making such motion. § 4. No person or persons who shall be committed on any such execution, shall be allowed the rules of any prison, but shall be kept This section is retained as giving a remedy by motion, not provided for by the act of 1824. to try facts. of motion. b. Sec. 2. On execu be denied. in safe custody in prison, until the whole debt or damages, with costs and interest, shall be fully paid, or until they shall be otherwise discharged by law.1 1807-(29) Penalty for introducing small-pox. PUBLIC HEALTH. CONTAGIOUS DISEASES. § 1. IF any person or persons whatever, shall wilfully and designedly presume to import or bring into the territory from any country or or spreading place whatever, the small-pox, or any variolous or infectious matter of the said disease, for the purpose, or with a design to spread the same, by inoculation or otherwise; or shall inoculate, or procure inoculation for the small-pox, after such disease may have been introduced, except under such regulations and restrictions as shall hereinafter be named, he or she so offending, shall forfeit and pay a sum not exceeding two thousand dollars, and be imprisoned a term not exceeding twelve months, for every offence so committed. Governor to take measures to prevent the spreading of contagious disorders. Expenses, how paid. Under what persons may be inocula ted. § 2. The governor is hereby authorized, on knowing from his own observation, or by information being given to him by any physician, that the plague, yellow-fever, small-pox, or other contagious disorder, has been introduced into a neighboring country, or found admittance within this territory; or on board any boat or vessel, at or near the shores of the same; to take such measures to prevent a communica tion of the infection, and for the aid and comfort of the sick when within the said territory, as he shall deem meet. And all expenses incurred in the prosecution of this humane intention, shall, by warrant of the governor, be paid out of the moneys of the territorial treasury, not otherwise appropriated: but in all cases, the said expenses shall be reimbursed by the person or persons for whom such provisions shall have been made; they being of ability to pay the same. §3. Whereas in certain cases inoculation for the small-pox may not restrictions only be a prudent, but a necessary measure, for securing those who are or may be unavoidably exposed to the danger of taking the disease in the natural way; and for this reason it is judged expedient to tole rate the same, under certain reasonable regulations and restrictions: It is provided, therefore, That if any person or persons who may wish to be inoculated, shall petition the governor to that effect, he may appoint him or them a place within this territory, that will not endanger the health of the citizens of the same, where the petitioner or pe titioners shall resort for the purpose of being inoculated. And should any master or mistress of a family think him or herself, his or her family in danger of catching the small-pox in the natural way, such person shall give like notice to the governor; and if he shall deem it prudent and proper, and not dangerous to the health and safety of the people of this territory, for such person or family to be inoculated, he may admit of the same or otherwise as to him shall seem expedient. § 4. No patient in the small-pox shall, until after having obtained a certificate from the attending physician, or other person qualified to obtain certi- give such certificate of his, her, or their recovery, and of their being Persons hav. ing had small-pox, to ficate before going out. 1 An act passed Dec. 19, 1815, provides "that no person committed to jail by sentence of a court, judge, or justice, shall be allowed the liberty of the prison-bounds." |
