to have new exe 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. (b) When debtor is 5. Be it further enacted, That notwithstanding the release, or discharged by jailor, creditor may discharge by the jailor of any debtor or debtors confined in jail sue out scire facias upon an execution, on account of a failure by the creditor or crecution against his ditors to discharge the fees for the maintenance of said debtor or goods, lands, &c. 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. Duty of county and corporation to jails. Convicts and rated from other 6. And be it further enacted, That hereafter the court of every courts in relation County and corporation within this commonwealth shall maintain, and keep in good repair, a good and sufficient common jail and prison, well secured with iron bolts, and bars and locks, and of a size, and with apartments sufficient for the convenient accommodation of the prisoners who may from time to time be confined therein, so as that convicts, and slaves not convicts, may be confined in Faves to be sepa apartments separate from each other, and from other prisoners. And such apartments shall also be provided with adequate windows, in good repair, and with fire-places or stoves. And when the jails in any county or corporation within this commonwealth, shall not be such as are hereby required, the court thereof shall forthwith proceed to take the necessary measures for rendering the same conformable to this act; and in default thereof, shall be liable to the penalties imposed by law for failing to erect and keep in repair a good and sufficient jail. (c) prisoners. Windows and fireplaces or stoves to be provided. Prisoners to be furnished with - Rooms to be white-washed, kept clean, and aired. Nursing and atten soners. 7. And be it further enacted, That it shall be the duty of the beds and bedding. 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 whitewashed at least twice in every year, and to have the same always kept cleanly and properly aired; and in case of sickness of any dance of sick pri- 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 these regulations. 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, 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.(d) Punishment of jailor not obeying Inspectors of jails. 8. And be it further enacted, That the inspectors of jails required by law, shall be three in number; of whom one at least shall be a Instructions to be physician, if to be had; and it shall be the duty of the judge ap given them. (b) This and the two preceding sections substituted for the sections of the execution act repealed by the first section. (c) 1 Rev. Code 1819, ch. 71, § 16, p. 250; see acts 1830-31, ch. 11, § 46, P. 58; ante. ch. 109, § 46. (d) 1 Rev. Code 1819, ch. 69, § 34, p. 235; ch. 169, § 34, p. 609. pointing 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 Oath to be taken. 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 supplied 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 Their reports, if fail to respond to the requisitions thereof, then the same shall be not satisfactory, to re-committed to them until they shall fully report upon all the matters to which they shall have been sworn.(e) be re-committed. courts. 9. And be it further enacted, That this act shall be given in Charge to grand juries in superior 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 assem- Recommendation to judges to inbly doth earnestly recommend to the judges of the respective supe- spect jails in perrior courts to make at every term a personal examination and in- son. spection 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. 10. And be it further enacted, That any jailor, who shall permit Penalty on jailor the intemperate use of ardent spirits in his jail, shall be fined thirty perate use of arpermitting intemdollars for each offence. dent spirits. received into jail thority, except execution. 11. And be it further enacted, That no jailor shall receive into Slaves not to be his custody for safe keeping, any slave or slaves, except such as may without warrant, be committed to his custody by warrant of a magistrate or other or other public aupublic authority; and except also slaves taken in execution by any when taken in sheriff or coroner, and delivered into the custody of the jailor, to be kept according to law, until the same shall be sold or released. (f) 12. Be it further enacted, That before the judge of any supe- Rule to be made rior court of law, shall direct the claims of guards employed by claims of guards the jailor of any county or corporation in consequence of the bad employed by jail (e) 1 Rev. Code 1819, ch. 69, § 36, p. 236. on justices, before ors, are directed to be paid. repair or insecurity of the jail, to be paid by a county levy or corporation tax, he shall make a rule on the justices of such county or How such rule is corporation to shew cause against the said order; and the service of the said rule on the attorney prosecuting for the commonwealth in said county or corporation, shall be considered as a sufficient notice to the said justices.(g) to be served. Runaway slaves nished with clothing. 13. And be it further enacted, That whenever a runaway slave in jail to be fur- 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; Expense, how ad- and shall be paid by the owner before the slave shall be delivered justed and paid. 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.(h) Commencement. Jailor to report to court the fact that 14. This act shall commence and be in force from and after the passing thereof. CHAP. 146.-An ACT concerning runaways, and for the relief of Abraham (Passed March 3d, 1824.) 3. Be it further enacted, That within two months after a runa runaway slave is away slave shall be committed to the jail of any county or corporacommitted to jail, tion within this commonwealth, the jailor shall report the fact to the within two months. And court of his said county or corporation, who shall thereupon order three disinterested persons, being first sworn for that purpose, to value the said runaway, and report the valuation to the court. if the court, after receiving the valuation as aforesaid, shall be of opinion that the said runaway will not sell, at public auction, for a sum sufficient to pay the prison fees and other expenses, after being Measures there- confined in jail twelve months, they shall fix the time of imprisonment for any shorter period, and order the said slave to be sold at the end thereof, after the time and place of sale being advertised as Penalty on jailor now required by law. And if the said jailor fail to perform the duties herein required, he shall receive no compensation for imprisoning or dieting the runaway. upon to be taken. for neglect. 4. This act shall commence and be in force from the passing thereof. CHAP. 147.-An ACT prescribing the mode of allowing jailors' fees in certain cases.t (Passed March 8th, 1826.) 1. Be it enacted by the general assembly, 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 be lawful for the court of that county to regulate and determine the fees to be allowed the jailor and guards, if any, for keeping and furnishing all prisoners committed by lawful authority, to be tried may (g) See acts 1821-2, ch. 8, § 1, p. 11; ante. ch. 144. (h) See post. ch. 146; acts 1823-4, ch. 36, § 3, p. 39. Acts 1823-4, ch. 36, p. 38. The preamble and first and second sections are omitted, as they provide simply for the payment to A. Millan and J. T. Rawlins of balances due them for keeping runaway slaves in their respective jails. + Acts 1825-6, ch. 21, p. 22. See acts 1821-2, ch. 8, p. 11; ante. ch. 144, § 2. 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 jailor and guard, for fees and allowances during the time that the judge shall so have failed to hold his courts, and To certify the to certify such accounts to the auditor for payment, in the same same to the audimanner that such judge might have done, had he held his courts: Provided, That in no case such fees to jailors, or allowances to Proviso. guards, exceed the limitations or conditions heretofore prescribed by law. tor. 2. This act shall commence and be in force from and after the Commencement. passage thereof. CHAP. 148.-An ACT extending the powers of the notaries public of this commonwealth.* (Passed January 29th, 1823.) authorized to take 1. Be it enacted by the general assembly, That the notaries public Notaries public within this commonwealth, shall be, and they are hereby authorized affidavits or depoto examine and take the affidavits or depositions of witnesses, in like sitions. manner as the same may be now taken by magistrates of the counties and corporations of this commonwealth, within their respective counties and corporations, and which shall be considered as valid and effectual as if the same were taken or received by the said magistrates; and, if any person sworn by a notary public, shall give any evidence under such circumstances, as would have constituted the same to be perjury, if done before a magistrate, the same shall be deemed perjury, to all intents and purposes. The said notaries, for Fees for such serreceiving or taking the affidavits or depositions of witnesses, shall vice. be allowed and paid by the person at whose instance the services are rendered, seventy-five cents for each affidavit or deposition so of costs. taken; and, in all cases where the affidavits or depositions so taken, To be taxed in bili shall be filed in causes in a court of record, the aforesaid fees shall be taxed in the bill of costs, and recovered by the party prevailing: Provided, That no charge shall be made or taxed on the notarial No tax on notarial seal, which shall be affixed to any of the said affidavits or deposi tions. 2. This act shall be in force from the first day of March next. CHAP. 149.-An ACT to revive and amend the twentieth section of the act directing the course of descents.t (Passed January 14th, 1829.) seal in such case. Commencement. Second section of act of February 27th, 1828, con cerning guardians, 1. Be it enacted by the general assembly, That the second section of the act, entitled, "an act to reduce into one the several acts concerning guardians, orphans, curators, infants, masters and apprentices," passed the twenty-seventh day of February, eighteen pealed. hundred and twenty-eight, shall be and the same is hereby repealed. *Acts 1822-3, ch. 39, p. 40. Former act upon this subject was confined to the notaries public of the city of Richmond, 1 Rev. Code 1819, ch. 132, p. 522. Former fees of notaries, ibid. ch. 85, § 13, p. 317. † Acts 1828-9, ch. 19, p. 24. By the act of 1827-8, ch. 34, p. 26, concerning guardians, orphans, curators, infants, masters and apprentices, and for other purposes, § 2, the twentieth section of the act directing the course of descents was repealed. By this act this section is re-enacted, see 1 Rev. Code 1819, ch. 96, § 20, p. 358. The section provides when and how lands of intestates, whose heirs are infants, &c. may be sold and the proceeds divided; the second section of this act is a literal copy of the section revived. orphans, &c, re When lande descending to in &c. may be sold 2. Be it further enacted, That whensoever any lands shall defants, feme cocert, scend from any person dying intestate to two or more heirs, any one of whom shall be an infant, feme covert, non compos mentis, or beyond sea, and the dividend of each heir shall not exceed the 20th section of act value of three hundred dollars in the opinion of any court herein and proceeds distributed. regulating de scents revived. Heirs within the state to be summoned to shew after mentioned, it shall be lawful for the superior court of chancery of that district, or the court of the county or corporation in which such lands or the greater part of them lie, to direct the sale of the said lands, and the distribution of the money arising therefrom, according to the rights of each claimant: Provided, always, That each heir residing within this commonwealth, shall be first duly summoned to shew cause, if any he can, against such sale : Order of publica- and where any heir shall reside without this commonwealth, the court shall make an order for publication, which order being inserted in any public newspaper to be designated by the court in such order for eight weeks successively, shall be considered as a cause against sale. tion to be made against absent heirs. Portion of infants dying intestate to descend as real estate. Suits commenced prior to passage of February 27th, 1828, not to be affected. summons. 3. Be it further enacted, That if any infant or infants whose land may be sold under this act, shall, after such sale, die intestate and under the age of twenty-one years, his or their part of the proceeds of such sale, or so much thereof as may remain at his or her death, shall be considered as real estate, and shall pass accordingly to such person or persons as would have been entitled to the estate sold, if it had not been sold. 4. And be it further enacted, That nothing in this act contained, This act, and act of or in the second section of the act passed the twenty-seventh day of February, eighteen hundred and twenty-eight, entitled, "an act to reduce into one the several acts concerning guardians, orphans, curators, infants, masters and apprentices," shall in any manner be construed to apply to suits which were pending in any of the courts of this commonwealth, at any time on or before the said twenty-seventh day of February, eighteen hundred and twenty-eight, but that all suits then pending as aforesaid, shall be so conducted, proceeded in and decided, as if this act and the said act of the twentyseventh day of February, eighteen hundred and twenty-eight, had never been passed. Commencement. How sale of es be obtained, 5. This act shall be in force from its passage. CHAP. 150.-An ACT authorizing the sale of trust estates in certain cases. (Passed January 20th, 1832.) 1. Be it enacted, That where any person or persons, for whose tates in trust may benefit any estate is held in trust, or the trustees holding any estate for the use of others, shall think that his or her interest or the interest of those for whose use the estate is held, will be promoted by a sale of the estate or any part thereof, it shall be lawful for such person or persons to exhibit his, her or their bill for that purpose in the county or corporation court or in the superior court of law and chancery for that county or corporation in which the said estate or What to be stated part thereof shall be. In the bill so exhibited, shall be plainly and distinctly set forth all the estate real and personal so held in trust, Bill to be filed. therein. Acts 1831-2, ch. 70, p. 57. This act is a transcript mutatis mutandis of the 16th 17th, 18th, 19th, 20th, 21st, 22d and 23d sections of the act concerning guardians, orphans, curators, infants, masters and apprentices, 1 Rev. Code 1819, ch. 108, pp. 409, 410. The provisions of these sections in the revised act are confined to the sale of infants' estates. |