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Session Laws, 1820
Volume 625, Page 138   View pdf image
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SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

tody of the sheriff, and the payments made by the creditor for
his support, if any, and the day on which default of payment as
aforesaid was made, and upon the production of such certificate,
to any justice of the peace aforesaid, it shall be the duty of such
justice to endorse thereon an order to the sheriff to discharge
such debtor from confinement, who shall thereupon be accordingly

CHAP. 186.

discharged by the sheriff; Provided always, that such discharge
shall not preclude the creditor from proceeding afterwards, as
often as the creditor shall think proper, against such debtor, by
fieri facias, capias ad satisfaciendum, or otherwise, on the judgment
aforesaid; and in case such proceeding shall be by capias ad satis-
faciendum, the same shall be subject to the provisions herein be-
fore contained for the maintenance and support of such debtor;
And provided also, that if any such debtor, while in actual con-
finement as aforesaid, shall be arrested on a capias ad satisfacien-
dum issued at the suit of any other creditor, or he otherwise
committed for the nonpayment of any judgment rendered by any
justice of the peace, or by any county court of this state, or the
non performance of any decree for the payment of money made
by any court of equity in this state, it shall be lawful for the cre-
ditor at whose instance the said subsequent arrest or commitment
may be made, to pay for the support and maintenance of such
debtor in prison, in the manner herein before directed, and in
case such payments shall so be made, then the said debtor shall
be detained in prison notwithstanding the default of the creditor
at whose instance the said debtor was originally arrested or im-
prisoned.

Provisos.

2. And be it enacted, That whenever any person, after the day
herein first mentioned, shall be actually committed to or confined
in gaol on any capias ad satisfaciendum issued out of any county
court in this state, or the court of appeals of either shore, or any
court of equity in this state, or shall be otherwise committed by
any court of law or equity in this state, for the nonpayment of
any money recovered against him by a judgment or decree, or
shall be committed for want of special bail, it shall be the duty
of the sheriff to whose custody such debtor may be committed,
immediately to notify in writing the creditor or creditors at whose
instance such debtor shall be committed, or his or their attorney,
that the said debtor is in actual confinement, specifying in such
notice the suit and cause in and for which the said debtor hath
been so committed; and it shall be the duty of the said creditor or
creditors, within fourteen days, (exclusive of the day of notice,)
after the notice shall be served as aforesaid, to pay to the sheriff
the sum of two dollars and sixty-two and a half cents, and the
sum of eighty-seven and a half cents weekly thereafter, for the
support and maintenance in prison of the said debtor, so long as
he shall be confined in prison at the suit or instance of such cre-
ditor or creditors; and if default shall he made in any of the pay-
ments directed by this section for the support and maintenance
of the debtor as aforesaid, then the same proceedings shall be
had as are directed in the first section of this law in cases where
default shall be made in the payments therein mentioned for the
support and maintenance of an imprisoned debtor, the said pro.
ceedings to be subject to the provisions and conditions contained
in the first section of this law.

When person is
committed on
writ from county
court, &c. sheriff
in notify creditor
the roof, who shall
pay, &c.



 
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Session Laws, 1820
Volume 625, Page 138   View pdf image
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