The Newhampshire gazetteer — Exeter, N.H., 1792-09-07 00:00:00, page 1

Newhampfhire
Regulating prisons.
• Faffed Feb. 10, 1791.
BE it enabled by the Senate and House I
of Representatives inGenerahCourt|
convened, That every gaoler or pri
son-keeper (hall at the opening of the
superior-court of judicature and court
of general -fellions of the peace, re
fpedively, return a lift and cerify to
such courts, refpeftively, the names of
all prisoners then in his custody, with
the cause of their commitment, and
also the names' of all prisoners that
shall be committed during the fitting
of any such court, that the said courts
Xefpedively may take cognizance there
bf, and may proceed to make deliver
ance of fach prisoners according to
law, for the crimes proper to the ju
rifdi&ion of the fame courts refped
ively ; and eve-y gaoler who Kail ne
glect nis duty herein, Kall forfeit such
sum as shall be set upon him by the
court, not exceeding ten pounds.
And be it further enabled. That if any
perlon ihall directly or indirectly, by
any ways or means, convey any tool,
instrument or other thing to any pri
foner,or into any person whereby such
prisoner might break prison, or work;
himor herfelf unlawfully out of the
fame;eveiy person to offending (hall
forfeit and pay such fine as by the dit
cretion of the court (hall be impoled,
not exceeding twenty pounds, or fuffer
corporal punilhment by whipping,not
exceeding twenty stripes.
And if it (hall happen that any pri
soner doth make his or her escape, by
means of any tool, instrument or other
thing conveyed by any person as a'ore
faid, or if any person fhali in any o
ther way assist any prisoner to escape,
who by means thereof doth efcape,the
person so conveying tools, instruments
01 other things, or the person 10 affix
ing, in case such prisoner so escaping
were committed for dept, shall be lia
ble to pay the full dept to the creditor
or creditors at whose fair such prison
er Rood committed ; and in case such
prifonerwere committed for any crime,
the person so assisting shall fuffer the
fame puniKment which the prisoner
was sentenced to fuffer ; or in case the
escape happen before conviction, the
fame punishment which the prisoner
would have {offered in case of convic
tion of the crime, for which he Rood
committed, and in either case the per
son so furniKing tools, instruments
or other things as aforefaid, or other
wise assisting as aforefaid,fhall at the
diferetion of the court be fined a sum
not exceeding five hundred pounds, or
be corporally punished by whiping,not
exceeding thirty-nine stripes, and find
furetdes for the good behaviour during
the space of one year, at the diferetion
of the court, upon corifidering all the
circumstances attending such escape.
But in case such prisoner were, or
would have been liable to . capital
EXETER, (New-HampJbire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
LAWS
'' 'he
State of
New-Hampshire.
An ACT
FRIDAY, September 7, 1792. ]
punishment, then the person so furnish
ing tools or otherwise assisting, shall be
fined, imprisoned or fetin the pillory,
or any one or more of the said puniK
ments as the court shall think proper
to inflift.
A,id be it further enabled. That every
gaoler, or prison-keeper, that shall
voluntarily fuffer any prisoner com
mitted unto him, to escape, shall fuffer
the like pains and penalties as the pri
soner so escaping, should by law, for
the crime or crimes whereof he was
convided, or of which he flood charg
ed, if he had been convided thereof.
And in case such prisoner were com
mitted for dept,fuch gaoler or prifon
keepcr shall be liable to pay the debt
to the creditor, and may be at the
diferetion of the court, fined in a sum
not exceeding one hundred pounds,
And if any gaoler or prison- keeper,
(hall through negligence fuffer any
prisoner to escape, such gaoler or pri
son-keeper, (hall in case the prisoner
were committed for any crime, pay
such fine as the justices of the court
shall inflid, according to the nature
of the offence for which the escaped
prisoner flood convi&ed, not exceed
ing one hundred pounds.
And in case such prisoner were com
mitted for dept, such gaoler or pri
son-keeper shall be liable to pay the
creditor the full amount of his debt,
and be farther liable to be fined at
the diferetion of the court, not exceed
ing fifty pounds.
And be it further enabled. That if
any person furnifhing tools, instru
ments or other things to any prisoner,
or otherwise assisting any prisoner
charged or convided of any offence
to escape, or if any gaoler, or prifon
keeper, who shall voluntarily or neg
ligently fuffer any such prisoner to
escape, shall within fix months next
after such escape, recover such prison
er and return him back to prison again,
then such person so assisting, and such
gaoler or prison-keeper so voluntarily
or negligently permitting such per
son to escape, shall be liable only to
such fine as the court may inflid.
All fines and forfeitures anting by
this aft, shall be paid to the county
treasurer.
* And be it further enabled. That in
all cases where the fheriff, gaoler,
prison-keeper, or other person, have
been compelled to pay any sum or
sums of money on account of any pri
soner's escape, he or they shall be en
titled to his, or their remedy against
such prisoner.
And be it further enabled, That the
court of general-sessions of the peace
Kall have the care of building, in
fpeding and repairing all prisons,
court-houses and other necessary edifi
ces, for the use of the county, and Kall
at the beginning of every term', en
quire into the Rate of the prisons in
their refpedive counties, with refped
to the Security of such prisons from es
cape, the condition and accomodation
of the prisoners, and Kall from time
to time, take care to secure them from
escape, sickness and infection.
And be it further enabled, That in
case of the escape of any prisoner
committed for dept, through the in
fufficiency of the gaol or prison in any
county, the fheriff Kall stand charge
able to the creditor or person to whose
use any forfeiture was adjudged, or any
damages or costs awarded against such
prisoner, for the full amount of such
T H E'
damages and costs, and shall have his
remedy against the county on applica
tion to the court of general-sessions of
the peace in the fame county, and if
said court shall not cause payment to
be made to the fheriff within fix
months after the application made,
such fheriff shall then, and not before,
be at liberty to bring his ad?on against
the inhabitants of the fame county,to
be heard and tried in that or an ad
joining county, at his election ; an
attested copy of the writ being left
thirty days before the time of trial
by any coroner of the county against
whom the adion is brought, shall be
fufficient notice of the suit, and the
justices of the court of general-sessions
of the peace, shall have full power to
appoint an agent or agents, to appear
and defend such action, and when no
court of general-sessions of the peace
shall have been holden in the county
against which the adion is brought,
after the service of the writ, the court
fhali order the adion to be continued
to the next term, and until a court
of general-sessions of the peace shall
have been holden in the fame county,
and all advantages shall be saved to
the defendants in the fame manner as
though they had appeared at the firft
term, and if judgment be given a
gainst such county, the jury may give
such sum in damages in addition to
the sums actually paid by such fheriff
to the creditor or creditors, as they
may think reasonable, as a compensa
tion for his trouble in the fame suit,
besides costs, and execution may be
levied on the estate of any of the in
habitants of such county. And the
person upon whose ettate such execu
tion is levied, may thereupon have an
adion against the county, the writ to
be served and the adion prosecuted in
the fame way and manner, as the aft
ion brought by the fheriff as before
mentioned, to recover the monies so
levied, and shall have in case of recov
ery double costs of suit.
Aad be it further enabled, That the
prison-keeper shall furniK and provide
each prisoner committed for dept, or
for any crime, diet and sustenance such
as the justices of the fe flions may order,
for which the prisoner if he be com
mitted for debt, before he be difeharg
ed, shall pay at the rate of five Kill
ings per week, or such sum as the
court of general sessions of the peace
shall order, and in case the prisoner be
committed for any crime, three Kill
ings P er week, or such sum as the said
court Kall order, and the prison keep
er Kall furniK them with diet in that
proportion as to quality.
And be it further enabled, That if any
prison-keeper Kall defraud the prifon
iers of their allowance, or Kall not af
ford them fu ftenauce and accomoda
tions equal to what such prison-keeper
is paid therefor, any court on com
-Iplaint of the prisoner and proof fuffi
-Icient, Kall and may amerce such pri
son-keeper in such sum as they may
think just and reasonable, corifidering
the nature and aggravation of his off
ence, not exceeding for one offence,
five pounds.
And be it further enabled,. That no
person convided and sentenced for
theft, Kall be held in prison on account
of restitution or damage awarded to
the party injured, for more than thirty
days, after such judgment or sentence
given, unless such person to whom
such. restitution or damage is aw ded
Gazetteer.
[Numb. 10 of Volume 7.
as aforefaid, will pay and fatisfy the
prison-keeper his charge for keeping
such prisoner, both for the time palt
and future ; and if the person to whom
such damage or restitution is awarded,
shall negled or refufe so to do, the
prison-keeper Kall discharge the pri
soner, and in every such cate the pri
soner Kall pay his own fees and char
ges, and if he be unable, then any two
jullices of the peace quorum anus, may
order and enjoin the prisoner to make
fatisfadion for the lame, by service
for such reasonable time as they Kall
assign; and the prison-keeper may
dispose of him in service to any sub.
jed of the United States for such
time.
TH E lublcriber cakes this
method of informing all
non resident owners of Land and
other ratable property in the
town of Exeter, that onlefs thev
par their refpeftive Taxes to him
previous to the firft day of No
vember next, that he Ihall imme
diately cause so much of their ,
property to be advertised for fate,,
as will pay said taxes with inci. f
dental charges. fr°l
Dudley ForisoM, Colleaor.g l
Exact, ilteguf 6, 1792.
And be it further enacted,That if any
fait be commenced or prosecuted a
gainst the keeper of the ptifon, tor any
thing done by him, pursuant to this
ad, he may plead the general iffoe,
and may give this ad and the special
matter in evidence, and the keeper
in case the prosecutor become con-fait,
or verdid pass against the prosecutor,
(hall recover double cofis.
And be it further enafhd, That the
plaintiff in every civil action, in cate
he be an inhabitant of this state, and
of fufficient ability, otherwise the en
dorser of the original writ shall pay
to the prison-keeper his legal demand
for prison-charges, of any prisoner
committed on mefne process, in case
the prisoner be unable to pay the fame,
for so long time as inch prisoner shall
have been held in prison upon such
process, no further prolecution being
had thereon, to a judgment in law.
BE it enaAed, by the Senate and
House of Reprefentatiues in Gene
ral-Court convened. That the jufticcs
of the ie/erior-court of common-pleas,
shall, as focn as may be after the pub
lication of this ad, fix and determine
the boundaries of the gaol-yard: ap
pertaining to the several gaols in their
refpedive counties, and extend the
bounds and limits of the several gaol
yards, as far as the local situation of
the gaols, and the convenience and
accommodation of the prisoners re
quire ; Provided said yards shall not
in any case extend more than two
hundred rods each way from said gaols,
and at all times that the determina
tion of the inferior-court be fubjtid to
the control of the justices of the fup
erior-roort of judicature.
An ACT.
To enable the justices of the in
ferior court of common-pleas
to fix and determine the
boundaries of the gaol-yards
in their refpeaive counties.
Palled Feb. 14, 1791,