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and thence on a straight line to the first mentioned bound, on the esterly side of said South Main street.
Sec. 3. The jail limits in the county of Kent shall be as follows: beginning at the north-east corner of the Wanton Casey dwelling-house, situated on the main street in the village of East-Greenwich; thence southerly, bounded by the buildings on the west side of said main street, to the street which runs west, next north of the state house; thence westerly, on the north side of the said street, until a south line will strike a wall on the west side of said state house lot; thence southerly and easteriy, by a wall and fence enclosing said lot, to the north-east corner of the house owned by Eleanor and Amy Fry; thence southerly, bounded by the buildings on the west side of said main street, to the south-east corner of the dwelling-house lately owned and now occupied by Clark Brown; thence easterly across the street or highway, to the northwest corner of Thomas Bateman's land; thence easterly on said Bateman's land until it comes to the north-east corner thereof; thence east to the salt water, at low water mark; thence northerly on the said salt water at low water mark, to the southeast corner of the wharf owned by Pierce Salisbury and company; thence northerly by the plate of said wharf to the northeast corner thereof; thence northerly in a straight line to the south-east corner of the wharf owned formerly by Ethan Clarke deceased; thence northerly by the plate of said wharf to the north-east corner thereof; thence northerly on a straight line to the south-east corner of the wharf now owned by Pierce Salisbury and company ; thence northerly by the plate of said wharf to the north-east corner thereof; thence on a straight line to the south-east corner of the wharf now owned by Christopher Hawkins; thence northerly by the plate of said wharf to the north-east corner thereof; thence on a straight line to the north-east corner of the wharf owned by Ezra Pollard and company; thence northerly and easterly on said salt water at low water mark so far as that a west line will strike a whitish rock at high water mark, called Coon rock; thence west to the east side of the track of the rail-way of the NewYork, Providence and Boston rail road company; thence southerly by said east side of said rail road track to the highway dividing Warwick from East-Greenwich ; thence westerly, bounded by the fence and wall on the north side of said highway, to the south-west corner of Arnold Weaver's dwelling-house, standing on or near the dividing line of said towns; thence on a straight line to the south-east corner of John G.
Mawney's dwelling-house ; thence southerly on a straight line to the first mentioned bound.
Sec. 4. The jail limits in the county of Bristol shall be as follows: to comprehend all the lot of land whereon the jail stands, the land leading thereto from Hope street, John street, and all those parts of Thames, Hope and High streets, included between the north line of State-street and the south line of Church-street; and all those parts of State and Church streets included between the west line of Thames street and the range of the front of the public buildings standing on the common, so called, near the east line of said High street; also the court house, Episcopal, Baptist and Methodist churches.
Sec. 5. The jail limits in the county of Washington shall be as follows: beginning on the south-west corner of a lot of land occupied by Thomas P. Wells; thence northerly to the north-west corner thereof; thence easterly along the northerly side thereof and the north line of land of Robinson & Anthony, and around land late John G. Clarke's, and a lot of Dr. Thomas A. Hazard, to the high-way, and straight across said highway; then by the east line of the road to the north-west corner of a lot occupied by Jesse Babcock; then around said lot, and land of John N. Reynolds’, to the other highway and straight across the same; then along the south side thereof, going around and including the house formerly of John P. Case, and the yard attached to it, to said highway again; then along the south side thereof to the lot of Jeremiah S. Sherman; then around said lot to lot of John H. Clarke, and around said lot to the land that John T. Nichols bought of William H. Case, and land of Luke Aldrich, to the highway and across the same; then by the west line thereof to Christopher Gardner's lot; then along said lot and around and along the south side of the lot late belonging to the shoe company, and the lot late occupied by Lewis Jansen, and from the south-west corner of said last mentioned lot to the south-east corner of Matthew Waite's lot; then along the south line of said lot and the village lots to the south-west corner of the jail lot; thence as the wall that runs south of the tan-yard lot to the factory road, and northerly by the east line thereof to the highway leading west from Kingston village; thence to the place of beginning.
Sec. 6. Said jail limits shall respectively include all the lands and buildings within the bounds aforesaid.
An Act for the relief of poor persons imprisoned for debt.
SECTION 1. Person imprisoned for want of bail, 16. Who deemed the creditor within mean
&c. may be allowed the liberty of the ing of section eight.
yard on bond-condition of bond. 17. Clerks and justices to note cause of 2. Damages for breach of condition of action on execution--officer also-in bond.
case of omission jailer not liable. 3. Narragansett Indians within the act. 18. Under what circumstances debtor may 4. Surety in bond may surrender his have a second citation
principal—who shall be recommitted ; 19. Court before which action is pending surety discharged.
may administer to defendant the oath 5. Prisoner giving bond may go into pri prescribed in section eleven, in certain
vate and public buildings, &c. within
21. Same subject. 6. Limitation of action on bond.
22. Same subject. 7. Person committed on execution to 23. Same subject.
have liberty of yard, not exceeding 24. Defendant in execution, who if comthirty days, unless he assigns his es mitted would be entitled to benefit of tate for benefit of creditors.
oath prescribed in section eleven, may 8. Person imprisoned for debt, &c. may before commitment apply therefor.
apply for his discharge-proceedings 25. Same subject. on such application.
26. Same subject. 9. Creditor or his attorney to be notified. 27. Defendant to make assignment before 10. Justice may administer the oath pre oath shall be administered.
scribed—applicant to make an assign- 28. Debts contracted before the act goes
ment to jailer for benefit of creditors. into operation not affected by nine pre11. Form of the oath to be administered. ceding sections. 12. Any person imprisoned as aforesaid 29. Prisoner presenting to jailer certificate may avail himself of the act.
prescribed in section thirteen shall be 13. Justices shall grant certificate-form discharged from commitment-debt of.
not discharged-proceedings conse14. Jailer to assign to creditor all the pro
quent thereon. perty received by him under section 30. Justice may adjourn the hearing on ten.
citation, from time to time. 15. Persons excepted from the provisions 31. Bond, &c. for ease of prisoners, void.
of the act.
It is enacted by the General Assembly, as follows :
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 on execution in any civil action, (except on executions awarded in actions on penal statutes or on bonds given in pursuance of this section, 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 ;) or for non-payment of any military fine or town or state taxes, 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 prison, and liberty of the yard within the limits thereof, upon reasonable payment to be made for chamber room ; such prisoner first leaving 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, in double or not less than double the
sum for which he is imprisoned, with condition in form following, viz : “ That if the above
now a prisoner in the jail in within the county of
at the suit of do and shall from henceforth continne and be a true prisoner in the custody, guard and safe keeping of keeper of the said prison, and in the custody, guard and safe keeping of his deputy, officers and servants, or some one of them, within the limits of the said prison, until he shall be lawfully discharged, without committing any manner of escape or escapes, during the term of his or her restraint, then this obligation to be void, or else to remain in full force and virtue."
Sec. 2. 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. 3. Any one of the Narragansett tribe of Indians commited to jail for debt, upon mesne process or execution, shall be considered as a poor prisoner, within the true intent and meaning of this act, notwithstanding such prisoner may have estate, real or personal, in common with the said tribe or otherwise ; and shall be entitled to and may receive all the benefits and advantages hereof. Sec. 4. Any person who shall become surety in
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 prison, in the same manner as though he had not been liberated on bond, until he shall give other bond according to this act, 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 aforesaid.
Sec. 5. Any person confined in any jail who may hereafter give bond for the liberty of the yard pursuant to this act, may and shall be at liberty thereafter to pass over any highway or into any houses, lands or tenements or public buildings within the exterior limits of the yard, as they are or shall be established by law; and to abide and remain therein without being deemed to have committed an escape or to have forfeited such bond : provided, however, that nothing herein con
tained shall be construed to authorize any trespass upon the property or possession of the owner or tenant of any such houses, lands or tenements whatever.
Sec. 6. No action shall be hereafter 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 from and after such breach committed.
Sec. 7. No person committed on execution shall have the liberty of the prison yard for more than thirty days after his 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 some citizen of this state, his heirs and assigns, in trust for the equal benefit of all his creditors in proportion to their demands. And 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 herein before provided, he shall be deemed to have committed an escape under his bond for the liberty of the prison yard.
Sec. 8. Whenever any person who shall be imprisoned for debt, whether on mesne process or execution, or for nonpayment of any 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, shall complain to any justice of the supreme court or to any justice of the court of common pleas, or any justice of the peace of the county where such person shall be committed, that he hath no estate, real or personal, wherewith to support himself in prison, or to pay prison charges, and shall request the privilege and benefit prescribed by this act, such justice shall forthwith issue a notification to the creditor, if within this state, or if such creditor does not live within this state, then to his agent or attorney on record within this state, to appear at such time and place as the said justice shall appoint, to shew cause, if any he hath, why the person complaining as aforesaid should not have the benefit of this act.
Sec. 9. The notification referred to in the next preceding section 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.