commonwealth, and the duties of sheriff shall thereby devolve on the coroner, he shall be entitled to charge and receive such fees only for performing the duties aforesaid, as a sheriff would have been entitled to for the same services.

CHAP. 139.-An ACT defining the duty of the coroner of the city of Rich

mond in certain cases.*

(Passed January 26th, 1830.)

to hold inquests in

recorder or alder. men may hold such

1. Be it enacted by the general assembly, That when soever any Coroner of the case shall occur, which may require the inquisition of a coroner, in city of Richmond the penitentiary, it shall be the duty of the coroner of the city of the penitentiary. Richmond to hold such inquest, and to perform all the duties required of a coroner in such case; and if from sickness, absence, or When the mayor, any just cause, the attendance of said coroner cannot be had to hold an inquest upon the body of any such convict, it shall be lawful for inquest. the mayor, recorder, or any alderman of said city, to do and perform all the duties appertaining to the office of the coroner of the said city in such case: and the inquest so taken and returned, shall be as effectual in law, as if taken and returned by a coroner duly appointed and qualified.

2. Be it further enacted, That the same fees now allowed by Fees. law to coroners and others, for services rendered in the taking of inquests, shall also be allowed for similar services, in the cases provided for in the foregoing section of this act, which said fees shall be allowed by the executive, and paid on the auditor's warrant for the same.

3. This act shall be in force from its passage.

CHAP. 140.-An ACT to amend the act, entitled, " an act to reduce into one act the several acts concerning constables."

(Passed March 2d, 1821.)

Commencement.

1. Be it enacted by the general assembly, That from and after Fees of constables, the passage of this act, the fees of constables shall be as follows: For serving a warrant, thirty cents; for summoning a witness, twenty-one cents; for summoning a coroner's jury and witnesses, three dollars and fifteen cents; for putting in the stocks, forty-two cents; for whipping a slave, (to be paid by the owner,) fifty cents; for serving an attachment, returnable before a justice, sixty-three cents; for summoning each garnishee on an attachment, twentyone cents; for serving an attachment, returnable to a county court, against an absconding debtor, sixty-three cents; for serving a warrant of distress, sixty-three cents; for serving an attachment for rent, sixty-three cents; for every bond taken from the purchaser on a sale for a distress for rent, sixty-three cents; for removing every person suspected of being chargeable to the county, to be paid by the overseers of the poor, for every mile, four cents; the same for returning; for carrying any person to jail on a warrant from a justice, for every mile, ten cents; for arrests in criminal cases and summoning witnesses, the same fees as are allowed sheriffs in civil

*Acts 1829-30, ch. 5, p. 9. See 1 Rev. Code 1819, ch. 81, § 7 to 11, p. 288. For the coroner's fees, see ibid. ch. 85, § 11, p. 316.

† Acts 1820-21, ch. 32, p. 32. For act to which this is an amendment, see 1 Rev. Code 1819, ch. 84, p. 300. Constable to serve process in cases where coroners are interested, ante. ch. 137, § 2; acts 1823-4, ch. 22, § 2, p. 26.

Judgments on warrants for small debts, &c. to be

cases for like services, to be paid out of the public treasury; for constables and guards employed in conveying prisoners to the county jail, the same allowances as are made to sheriffs and guards removing prisoners to the penitentiary, to be paid out of the public treasury; for taking a replevy bond on levying a distress for rent, to be included in such bond, sixty-three cents; for selling property taken by execution or attachment, when the amount does not exceed five dollars, twenty-five cents; and when the amount exceeds that sum, five per centum on the balance; and when the property is not sold, but the money paid to him, the same fees as if sold. (a) 2. And be it further enacted by the authority aforesaid, That when any justice of the peace shall render judgment on any warentered by the jus- rant for the recovery of money or other thing, it shall be the duty of such justice to enter in a book, to be kept for that purpose, the said judgment, with the costs adjudged to the plaintiff, and the date With dates of ex-on which such judgment was rendered; and also the dates of all executions awarded by him on such judgments, and the times at which they are returnable, and to whom delivered; a copy of which, attested by the said justice, shall be evidence in all cases when a prosecution is had against the constable who received the same, for failing to make due return thereof, or for failing to pay over any money or tobacco, which he may have received thereon, to the person or persons entitled to receive the same.

tice in a book.

ecutions awarded

thereon, &c.

Copies to be evi

dence against constables.

Cost of such books

to be paid out of

3. And be it further enacted, That it shall be the duty of the the county levy. respective county and corporation courts of this commonwealth, annually, in the months of June or July, to cause to be levied, on the titheables in their respective counties and corporations, a sum sufficient to purchase for each of the acting magistrates thereof, who may apply for the same previous to such assessment, one blank book, containing at least two hundred pages; and the said courts shall cause the books aforesaid to be purchased and deposited with their respective clerks, to be by them distributed according to the provisions of this act.

Courts to have them purchased and distributed.

Restriction as to changes of districts allotted to constables.

Entry to be made

constable is ap

pointed.

4. Be it further enacted, That where any of the county courts of this commonwealth shall have laid off their respective counties into districts, in pursuance of the second section of the act, entitled, "an act to reduce into one the several acts concerning constables," passed January the nineteenth, eighteen hundred and eighteen, that the said districts so laid off shall not be changed or altered, unless by the order of the same court, composed of the same members, who shall have so laid off their said county into districts, or unless the said order shall be rescinded or altered by a court composed of a majority of the acting justices of such county.(b)

5. Be it further enacted, That no person shall be appointed a of record, when a constable by any court of this commonwealth, unless the court by whom such constable shall be appointed, shall be of opinion, and shall enter of record at the time of his appointment, that he is a man of honesty, probity and good demeanor; and if any court shall refuse to make such entry, such refusal shall be entered of record, and such applicant shall not be appointed a constable at any time thereafter, unless at the regular biennial term prescribed by law for the appointment of constables.(c)

Effect of court's refusal to make such entry.

(a) Former fees, 1 Rev. Code 1819, ch. 85, § 12, p. 316.

(b) Ibid. ch. 84, § 2, p. 301.

(c) Similar provision to that in the case of deputy sheriffs, ibid. ch. 78, § 15, pp. 279, 280.

6. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed.

7. This act shall commence and be in force from and after the Commencement. first day of April next.

CHAP. 141.-An ACT concerning constables and their securities.*

(Passed March 8th, 1826.)

curities liable for warrants collect

evidence of the

1. Be it enacted by the general assembly, That hereafter, if any Constables and seconstable shall receive from any debtor the amount of any debt or claim which may have been entrusted to, or placed under the con- ed. trol of such constable, to warrant for, and which might have been recovered by warrant, every such constable and his securities shall be liable to the creditor or plaintiff for the amount so collected, in the same manner as he or they would be for money collected by him under execution; and in any proceeding against a constable Constablo's refor failing to pay money thus received, his receipt for the debt or ceipt for warrant, claim, signed in his official character, shall be admitted by the receipt of money. court as prima facie evidence of the receipt of the money; provided six months shall have elapsed between its date and the commencement of the proceeding. And if any constable shall collect If money collected any sum of money from any debtor after the return day of the execution which may have issued therefor, every such constable and and securities his securities shall be liable to the creditor for the amount so collected, in the same manner as if the money had been made or collected before the return day of such execution: Provided, That Proviso. nothing herein contained shall be so construed as to apply to any persons who have become securities of a constable before the passage of this act.

CHAP. 142.-An ACT authorizing constables to require indemnifying bonds.t

(Passed February 4th, 1831.)

after return of execution, constable

made liable.

bonds.

fect thereof.

time.

1. Be it enacted by the general assembly, That constables levy- Constables to take ing executions, shall, in like manner as sheriffs and other offi- indemnifying cers, and under like circumstances, be authorized to require of the plaintiff, his attorney, or agent, an indemnifying bond, payable to such constable; the condition and effect of which bond shall be Condition and ofthe same as of those taken by sheriffs. If such bond and security Bond where depobe given, it shall, within twenty days from its date, be deposited by sited, and in what the constable, together with the execution, in the clerk's office of the court of his county or corporation; and any claimant, or pur- Claimant or purchaser of such property, of whom the same may have been reco- chaser to prosevered, may, in the name of such constable, prosecute his or her suit constable. upon the bond, and recover such damages as a jury may assess. And shall not be hindered from instituting, or delayed in prosecu- Death of constating such suit to judgment, and having execution thereof by the death ble not to delay of such constable, but may proceed, in all respects, in the same manner as if the said constable were alive. The claimant or pur- Right of action chaser of such property, shall, after the due execution of such bond against constable and deposit thereof in the clerk's office, be barred of all right of

Acts 1825-6, ch. 19, p. 21.

+Acts 1830-31, ch. 26, p. 86. See 1 Rev. Code 1819, ch. 134, § 25, 26, 27, pp. 533, 534; also, acts 1830-31, ch. 25, p. 86; ante. ch. 135, requiring accounts of sales under execution to be returned to the clerk's office.

cute in name of

prosecution.

when barred.

Commencement.

Clothing may be

soners, by order of county court.

action against the constable levying such execution, provided the surety or sureties in the said bond shall have been good and sufficient at the time the bond was executed.

2. This act shall be in force from its passage.

CHAP. 143.—An ACT concerning persons confined in jails under certain circumstances.*

(Passed March 6th, 1821.)

1. Be it enacted by the general assembly, That when any person provided for pri- shall be confined in jail under a charge or sentence for a crime or misdemeanor, 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

Proviso.

Expense how to

not exceed the sum of ten dollars.

2. And be it further enacted, That all reasonable expenses incurbe allowed, certi- red by the sheriff or jailor under this act, shall be allowed, certified, and paid in the same manner, as other criminal charges and expenses

fied and paid.

Commencement.

Accounts for

to be certified by

law.

Such accounts,

are.

3. This act shall commence and be in force from and after the passage thereof.

CHAP. 144.-An ACT fixing the allowance to guards and jailors for the secu-
rity and maintenance of criminals.t
(Passed February 19th, 1822.)

1. Be it enacted by the general assembly, That the accounts of guarding criminals guards employed for guarding criminals in the county and corporasuperior courts of tion jails, shall hereafter be examined and certified to the auditor by the superior courts of law; and it shall be the duty of the judge, before certifying such claims, to cause enquiry to be made into the state and condition of the jail of such county or corporation. If it shall appear to him that the guards employed, were necessary in consequence of the bad repair and insecurity of the jail, he shall direct the claims to be certified to the court of the county or corporation, to be paid by a county levy or corporation tax. But, if it shall appear from particular circumstances, that such guards were necessary, and were not summoned on account of the insufficient repair of the jail, then said claims shall be certified to the auditor for payment.(a)

when to be paid corporation tax and when out of

by county levy, or

the treasury.

Allowance for sup

and criminals in jail.

2. Be it further enacted, That the maximum allowance for the port of prisoners support of prisoners and criminals in jail, shall be hereafter reduced to the sum of thirty-three and one third cents per day; and the superior and inferior courts in certifying such allowances to the auditor shall be governed accordingly.(b)

* Acts 1820-21, ch. 15, p. 21. See 1 Rev. Code 1819, ch. 69, § 34, p. 235. Also acts 1530-31, ch. 11, § 46, p. 58; ante. ch. 109, § 46.

+ Acts 1821-2, ch. 8, p. 11. See 1 Rev. Code 1819, ch. 169, § 19, p. 605. Acts 1830-31, ch. 11, § 46, p. 58; ante. ch. 109, § 46. Courts to cause jails to be built and kept in good repair, 1 Rev. Code 1819, ch. 71, § 16, p. 250.

(a) See acts 1822-3, ch. 30, § 12, p. 34; rule to be made on justices to shew cause against order directing guards to be paid out of county levy, post. ch. 145, § 12.

(b) Forty cents by former law, 1 Rev. Code 1819, ch. 169, § 34, P. 608.

CHAP. 145.—An ACT concerning jailors, and for other purposes.*

(Passed February 12th, 1823.)

Whereas it has been represented to the general assembly, that Preamble. many debtors are now confined in the jails of this commonwealth, who are unable to pay their prison fees; and whereas, by the laws now in force, an unreasonable responsibility rests on the several jailors in deciding on the ability of such debtors to pay such fees; for remedy whereof,

203

law of February

ed.

1. Be it enacted, That the forty-second and forty-third sections Part of execution an act to reduce into one act the several acts 25th, 1819, repealof the act, entitled, concerning executions and for the relief of insolvent debtors," passed February the twenty-fifth, eighteen hundred and nineteen, be and the same are hereby repealed. (a)

sponsible for jail

2. Be it further enacted, That in all cases where any debtor or Creditor made redebtors now are, or shall hereafter be confined, in any jail within fees of debtor imthis commonwealth, upon mesne or final process, the creditor or cre- prisoned. ditors, 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 Proviso, that jailshall be rendered responsible as aforesaid, the jailor, in whose cus- notice in writing, tody such debtor or debtors shall be confined, shall notify in writing of such imprisonthe creditor or creditors, his or their agent or attorney, of the imprisonment of such debtor or debtors.

or shall give him

ment.

payment at the end

3. Be it further enacted, That it shall be lawful for the jailor, in Jailor may demand whose custody any debtor or debtors now are, or shall hereafter be ofevery sixty days. 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 of the imprisonment of such debtor or debtors, the amount of his account for the against creditor maintenance of such debtor or debtors; and, in case such creditor His remedy or creditors shall fail to make immediate payment thereof, it shall withholding paybe lawful for such jailor, upon giving ten days notice to said credi- ment. tor 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 Execution in his such judgment shall be had, shall endorse upon any execution ismay discharge the sued thereon, "that no security is to be taken;" and if the sheriff In what event, he or other officer shall make return, on two several executions, that debtor, for credihe cannot make the amount therein mentioned, it shall and may be tor's failing to pay 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 Creditor not to pay any creditor to pay for the maintenance of his debtor, or the jailor is in prison bounds. to support him, when such debtor hath taken the benefit of the prison bounds.

favor.

fees.

fees, where debtor

over against debtor

4. Be it further enacted, That it shall be lawful for any creditor Creditor's remedy or creditors, who have, by virtue of this act, been compelled to pay for such fees. 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

*Acts 1822-3, ch. 30, p. 31.

(a) 1 Rev. Code 1819, ch. 134, § 42, 43, pp. 540, 541.