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Act of March 8, 1819—January 1, 1820. R. C. ch. 69.

the jails of the said courts, with whose support the commonwealth is by law chargeable, as to the court making such allowance shall seem reasonable, not exceeding thirty-seven and a half cents per diem for each prisoner. March 27, 1837, Ses. Acts 1836-7, c. 65, p. 41.] [All the powers and duties heretofore exercised by and required of the former superior courts of law, according to the several laws now in force, for the regulation of public jails and jailors, and prisoners confined in jail, allowances to jailors for supplying prisoners with wholesome and sufficient food, and with sufficient fire when necessary and proper, and necessary bedding and clothing, the inspection of jails and allowances to guards for the safe-keeping of prisoners, shall be exercised and performed by the said circuit superior courts of law and chancery: and the duties of jailors and allowances to them, in respect to their jails and the prisoners therein confined, the appointment and duties of inspectors of jails, the appointment of and compensation to guards for the safe-keeping of prisoners, and generally all things concerning jails, jailors and prisoners, shall continue to be regulated by the several laws now in force relative to the same. Act of April 16, 1831, Ses. Acts 1830-31, c. 8, § 46; Sup. R. C. c. 109, p. 153.]

Act of March 6, 1821, ch. 15.

14. § 1. When any person shall be confined in jail under a charge or sentence for a crime or misdemeanour, and such person shall be unable to provide himself or herself with sufficient and suitable clothing, it shall and may be lawful for the county court, upon the application of the jailor, or the person so confined, to direct the sheriff or jailor to provide suitable and sufficient clothing for such person: Provided, Such court are satisfied, that the application is necessary and reasonable, and that the expense of such clothing for one person, in one year, shall not exceed the sum of ten dollars.

15. § 2. All reasonable expenses incurred by the sheriff or jailor under this act, shall be allowed, certified, and paid in the same manner, as other criminal charges and expenses are. [Wherever a runaway slave shall be confined in any jail, and shall not be provided with adequate clothing, it shall be the duty of the jailor to furnish him with proper negro clothing or other necessaries, the cost of which shall be adjusted by the county court, or any two justices of the county; and shall be paid by the owner before the slave shall be delivered up; or in case such slave shall be sold, according to law, for failure of any claim to said slave within twelve months, then the same shall be retained out of the proceeds of such sale. Feb. 12, 1823, c. 30, § 13.]

Act of February 12, 1823, ch. 30.

16. § 7. It shall be the duty of the keeper of every public jail to furnish every prisoner confined in his jail with a cleanly and sufficient bed and bedding, according to the season; to cause all the apartments of his jail to be well white-washed at least twice in every year, and to have the same always kept cleanly and properly aired; and, in case of sickness of any prisoner, to give and procure for him adequate nursing and attendance; and, where it may be deemed necessary, and circumstances shall admit, to confine him in an apartment separate from other prisoners; and, in all cases of sick prisoners, an additional allowance may be made by the proper court, chargeable in the same manner as the other fees of such sick prisoner may be chargeable: and if any jailor shall fail herein, or shall, in any other respect, fail to perform the duties required of him by law, in relation to the treatment of prisoners in his custody, it shall be lawful for the superior court of his county to punish him,

See act of February 28, 1835, Ses. Acts 1834-5, c. 62, p. 44, concerning sale of runaways confined in gaols.

Act of February 13, 1823, ch. 30.

as for a contempt, by a fine not exceeding thirty dollars for each offence; and, moreover, to remove him from office; and he shall thereupon be forever after disqualified from holding, or exercising the office of jailor in any county or corporation.(2)

17. § 10. Any jailor, who shall permit the intemperate use of ardent spirits in his jail, shall be fined thirty dollars for each offence.

18. § 11. No jailor shall receive into his custody for safe-keeping any slave or slaves, except such as may be committed to his custody by warrant of a magistrate or other public authority; and except also, slaves taken in execution by any sheriff or coroner, and delivered into the custody of the jailor, to be kept according to law, until the same be sold or released. (1) [Whenever the master or owner of any slave shall desire to confine him in the jail of any county or corporation within this commonwealth, it shall be lawful for any justice of the peace, in such county or corporation, upon the application of such master or owner or his agent, to grant a warrant to the jailor, authorizing him to receive such slave into his custody and to confine him in said jail; provided such justice be of opinion that such slave may be so confined without public inconvenience: it shall thereupon be lawful for the jailor to receive such person into his custody, and to keep him in the jail aforesaid, until he shall be released by lawful authority from his master or owner, until the public convenience shall require his discharge: Provided however, That no slave so committed, shall be confined at any time in the same apartment with any free white person, or with any prisoner charged with a criminal offence, and that if any injury be done to the jail by any slave confined under the authority of this act, or any prisoner be aided in his escape by any slave so confined, or any injury to the health of the prisoners be produced by the confinement of such slave, or any other mischief, public or private, result therefrom, the jailor, owner or master of the slave, and all other persons concerned, shall be amenable therefor to public prosecution, and private action, in the same manner, as if this act had never passed. Act of Feb. 25, 1824, c. 35, § 4, Ses. Acts 1823-4, p. 38; Sup. R. C. p. 237, § 4, c. 179.]

Act of March 8, 1819—January 1, 1820. R. C. ch. 69.

19. § 36. It shall be the duty of the judges of the circuit courts, at their first terms after the commencement of this act, and afterwards from time to time, as often as they may deem it expedient, at least once in every year, to cause an inspection to be made of the jails of the several counties and corporations, within their circuits, respectively, and a report to be made to the court, of the condition of such jails, and of the manner in which they are kept. (Rev. 1819.) [The inspectors of jails, required by law, shall be three in number; of whom, one at least shall be a physician, if to be had; and it shall be the duty of the judge appointing them, to cause them to come before him, and to instruct them, specially, in the duty by them to be performed, and to administer to them an oath, in the following form, that is to say: "You do solemnly swear, or affirm, (as the case may be,) that you will well and truly discharge the duty of inspectors of the jail of the county or corporation of without fear, favour or affection; that you will truly report to the court the state and condition of the jail, the size thereof, and the number of apartments; and whether, in your opinion, it is adequate to the convenient accommodation of the prisoners who may be confined therein from time to time. You shall also report whether the said jail is in good repair; whether the same is capable of being sufficiently aired and ventilated in summer, and kept warm and comfortable during winter, and is adequately sup(2) See Sup. R. C. c. 109, § 46, p. 153. (1) See Burley v. Griffith, 8 Leigh, 442.

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Act of March 8, 1819-January 1, 1820. R. C. ch. 69.

plied with fire-places or stoves, and is properly secured with bolts, bars and locks. You shall also diligently examine, and true report make, into the treatment of the prisoners by the jailor, since the last inspection of the jail; whether he is accustomed to furnish prisoners confined in his jail, by whatever authority, with wholesome and sufficient food, with sufficient fire, when necessary and proper, and with cleanly and sufficient bed and bedding according to the season; whether he hath had his jail duly white-washed, and kept constantly cleanly, and properly aired; whether he hath furnished to sick prisoners the necessary nursing, attendance, and comfort; whether he hath permitted the intemperate use of liquors, at any time, in his jail, or hath received therein any negro slave for safe-keeping, contrary to the provisions of this act, or without a lawful commitment." A copy of which oath shall be delivered to the said inspectors, for their guide; and if their report shall, in any respect, fail to respond to the requisitions thereof, then the same shall be re-committed to them until they shall fully report upon all the matters to which they shall have been sworn. Feb. 12, 1823, c. 30, § 8.

[This act shall be given in charge to the grand juries at every term of the superior courts of this commonwealth; and it shall be lawful for them to make presentment of any offences against the same; and the general assembly doth earnestly recommend to the judges of the respective superior courts, to make at every term a personal examination and inspection of the condition of their jails, and the treatment of the prisoners therein, in order the more fully to carry into effect the intention of this act. Ibid. § 9.]

Act of February 26-March 1, 1819. R. C. ch. 169.

20. § 34. The superior courts of law at each session, (1) shall order such. allowance to be made to the jailor, for keeping, dieting and furnishing the prisoners confined in his jail, with whose support the commonwealth is by law chargeable, as to such court shall seem reasonable, not exceeding forty cents, [see No. 13,] per diem, for each prisoner. 'The said court shall have power to appoint physicians to attend all such prisoners, and to make such allowance for their services, as may seem reasonable.' The allowance so made, shall be certified to the auditor, and paid out of the public treasury. If such court shall fail to make such allowance, at any one term, they shall have the same power to make it at any subsequent term. From 1796, c. 213, R. C. am.

21. § 35. The keepers of county and corporation jails shall be allowed for keeping, dieting and furnishing each prisoner, with whose support the commonwealth is by law chargeable, so much per diem as the courts of their respective counties and corporations shall judge reasonable: Provided, The allowance, so made, shall not exceed that made by the superior court of law, within whose jurisdiction such county or corporation is. And the said courts shall have power to appoint physicians to attend all such prisoners, and to

(1) By act of March 8, 1826, Ses. Acts 1825-6, c. 21, p. 22, Sup. R. C. c. 147, p. 206, it is enacted, That whenever it shall have happened, from any cause whatever, that a judge of the general court shall have failed, for two terms successively, to hold a superior court of law for any one county in this commonwealth, it shall and may be lawful for the court of that county to regulate and determine the fees to be allowed the gaoler and guards, if any, for keeping and furnishing all prisoners committed by lawful authority, to be tried before the judge of

the superior court of law for that county; and such county court shall have full power and authority to settle the accounts of such gaoler and guard, for fees and allowances during the time that the judge shall so have failed to hold his courts, and to certify such accounts to the auditor for payment, in the same manner that such judge might have done, had he held his courts: Provided, That in no case such fees to gaolers, or allowances to guards, exceed the limitations or conditions heretofore prescribed by law. See Sup. R. C. p. 153, § 46.

Act of February 26-March 1, 1819. R. C. ch. 169.

make such allowance for their services as may seem reasonable.'(2) The allowance shall be made after each session of the superior court of law, as soon as conveniently may be, and shall be certified to the auditor, and paid out of the public treasury. Ibid.

Act of March 2, 1819-January 1, 1820. R. C. ch. 71.

22. § 78. An annual allowance not exceeding fifty dollars per annum, shall be allowed by each county and corporation court, for the public services of their jailor, which sum shall be levied by the said courts, at laying their respective levies. 1805, c. 61, ed. 1808, am.

Act of March 8, 1819-January 1, 1820. R. C. ch. 69.

23. § 41.-The judges of the superior court of each county, shall make such allowance to the jailors of the superior courts of counties, for their services to the commonwealth, as may be deemed reasonable: Provided, No jailor of any one of the said courts shall be allowed a sum exceeding thirty dollars per year. 1808, c. 121, ed. 1808.

[The circuit superior court of each county and corporation shall make an allowance or compensation to the jailors for their services for the commonwealth in the circuit superior courts: Provided, No jailor thereof shall be allowed a sum exceeding thirty dollars per year. Act of April 16, 1831, c. 109, $48, Sup. R. C. p. 154.]

Act of February 12, 1823, ch. 30.

24. § 1. Repeals the forty-second and forty-third sections of the act of February the 25th, 1819, R. C. c. 134.(c)

25. § 2. In all cases where any debtor or debtors now are, or shall hereafter be confined, in any jail within this commonwealth, upon mesne or final process, the creditor or creditors, at whose instance such debtor or debtors shall be so confined, shall be and are hereby made responsible to the jailor for the fees chargeable on account of the imprisonment of such debtor or debtors: Provided however, That, before such creditor or creditors shall be rendered responsible as aforesaid, the jailor, in whose custody such debtor or debtors shall be so confined, shall notify in writing(1) to the creditor or creditors, his or their agent or attorney, of the imprisonment of such debtor or debtors.

26. § 3. It shall be lawful for the jailor, in whose custody any debtor or debtors now are, or shall hereafter be confined, to demand of the creditor or creditors, his, her or their agent, or attorney, at whose instance such debtor or debtors may be so confined, at the termination of every sixty days(2) of the

(2) It shall not be lawful for the court of any county or corporation within this commonwealth, to make a greater annual allowance than one hundred dollars to the physician or physicians attending prisoners or lunatics confined in the gaol of such county or corporation. But the said allowance shall in all cases be apportioned according to the service rendered. Act February 20, 1833, c. 3, § 5, Ses. Acts 1832-3, p. 8.

(c) The sections repealed by this act were of long standing in the Virginia laws. See acts of Aug. 1736, c. 7, 4 Stat. Larg. 490; Oct. 1748, c. 12, 5 Stat. Larg. 539; Feb. 1772, c. 13, 8 Stat. Larg. 527; 1793, c. 151; 1796, c. 212, R. C. With reference to these laws, Roane, J. said, that it is certainly a general principle, running through our code

of laws, that an imprisoned debtor shall himself bear the charges of his maintenance: and the intendment of law is, that such debtor is of ability to bear such charges, until the contrary is proved by the jailor. See Rose v. Shore, 1 Call, 540, 543, and Meredith's adm'x v. Duval, 1 Munf. 76. The preamble of this repealing law recites, that " by the laws now in force, an unreasonable responsibility rests on the several jailors in deciding on the ability of debtors, &c."

(1) (2) Under this act, a written notice of the imprisonment of debtor from the gaoler to the creditor is necessary, to enable the gaoler to recover his fees. The knowledge of the creditor, that the debtor is in gaol will not authorize gaoler to proceed.

Act of February 12, 1823, ch. 30.

imprisonment of such debtor or debtors, the amount of his account for the maintenance of such debtor or debtors; and, in case such creditor or creditors shall fail to make immediate payment thereof, it shall be lawful for such jailor, upon giving ten days notice to said creditor or creditors, his or their agent or attorney at law, to recover from such creditor or creditors, by motion to the court of which he is jailor, the amount thereof; and the clerk of the court, before whom such judgment shall be had, shall endorse upon any execution issued thereon, "that no security is to be taken ;" and if the sheriff or other officer shall make return, on two several executions, that he cannot make the amount therein mentioned, it shall and may be lawful for such jailor to discharge such debtor or debtors out of his custody; but nothing in this act is to be construed so as to compel any creditor to pay for the maintenance of his debtor, or the jailor to support him, when such debtor hath taken the benefit of the prison bounds.

27. § 4. It shall be lawful for any creditor or creditors, who have, by virtue of this act, been compelled to pay the prison fees chargeable for the maintenance of any debtor or debtors, imprisoned at his, her or their instance, by motion in the court, in the jail of which said debtor or debtors were confined, to recover from said debtor or debtors, or their legal representatives, (ten days previous notice of such motion having been given,) the amount which the said creditor or creditors may have lawfully paid for the maintenance of such debtor or debtors as aforesaid, with interest and costs.

28. § 5. Notwithstanding the release or discharge by the jailor of any debtor or debtors, confined in jail upon an execution, on account of a failure by the creditor or creditors to discharge the fees for the maintenance of said debtor or debtors, it may be lawful for the creditor or creditors, at any time afterwards, to sue out a scire facias to have a new execution against the goods and chattels, lands and tenements of said debtor or debtors.

Act of January 25, 1819-January 1, 1820. R. C. ch. 134.

29. § 45. When any debtor is in custody on several executions, it shall not be lawful for such debtor to demand any more or other dieting than if he was in custody on one execution only; nor shall any sheriff or jailor demand or receive more than the rate fixed by law, in case of a debtor confined on one execution only; which shall be paid by the creditor at whose suit such debtor was first taken. 1793, c. 151, R. C.

Act of March 8, 1819-January 1, 1820. R. C. ch. 69.

30. § 38. When any prisoner in custody for a contempt shall be unable to support himself or herself in prison, the jailor shall be allowed by the public a sum not exceeding forty cents per day [see No. 13] for the maintenance of every such poor prisoner; and no security shall be demanded of him or her, nor shall he or she be detained for such prison fees. 1792, c. 66, R. C.

Act of January 30, 1819. R. C. ch. 173.tt

31. § 1. It shall be the duty of the keeper of the jail in every county or corporation within this commonwealth, to receive into his custody any prisoner or prisoners, who may be, from time to time, committed to his charge, under the authority of the United States, and to safe keep every such

Sixty days (after notice) must expire before the gaoler has a right to move against creditor. And gaoler cannot recover for fees due, prior to his notice. Zimmerman

v. Buzzard's adm'r, gen'l ct. June T. 1824, 2 Virg. Cas. 406.

tt See act of congress, Sept. 23, 1789, and 3 March, 1821.

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