« ForrigeFortsett »
the sheriff defendant, to levy on the goods and chattels of the defendant as other officers in other cases, and to proceed and sell the same according to law: and for want thereof, such deputy or sheriff shall take the body of the defendant and him commit to the jail in the county where such committing officer belongs.
Sec. 15. When any person imprisoned for debt or any other cause shall die in any jail, it shall be the duty of the jailer, after an inquest has been held on the body of such deceased person, to deliver said body to his relations or friends, if they request it; and if no application be made for such body, it shall be the duty of the jailer to bury the same in the common burying ground; and the expenses thereof shall be paid out of his estate, if any there be, and if none, then by the town in which such person had a legal settlement, if within this state ; otherwise the expenses aforesaid shall be paid out of the general treasury.
Sec. 16. The body of any deceased person shall not be liable to be taken upon any process whatever; and if any officer shall, by virtue of any process, seize or take the body of any deceased person, he shall, upon conviction, be fined not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court.
Sec. 17. Every person who now is, or hereafter may be, the keeper of any jail
, except the jail in the county of Providence, is hereby authorized and required, on his ceasing to hold said office, to deliver to the sheriff of the county in which he is or shall be the keeper of the jail, all books, bonds, notes, obligations and other papers in his possession, pertaining to said office of jailer; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 18. All books, notes, bonds, obligations and other papers, which sheriffs shall receive pursuant to this act, shall by them be delivered over to their respective successors in office, as papers and documents pertaining thereto; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 19. It shall be the duty of the several keepers of jails, to keep a book, in which shall be entered the names of all criminals committed under the laws or authority of this state, the times of their commitment, the times when they are discharged, and the manner in which they are discharged, as well as the circumstances attending their discharge.
Sec. 20. The several keepers of the jails shall report in writing once in every year, on the first Monday of October, to the general treasurer, the names of all such criminals committed as aforesaid, the times of their commitment, the times when they are discharged, the manner in which as well as the circumstances attending their discharge ; and shall also furnish the general treasurer with a list of all notes and obligations taken in behalf of the state, and shall deliver the said notes and obligations over to him once in every year, on the first Monday of October.
Sec. 21. The building adjoining the state prison built for the keeper's house, and the building adjoining said house to the eastward thereof, is hereby ordained and declared to be the jail for the county of Providence.
Sec. 22. The warden of the state prison shall be the keeper of the jail for the county of Providence, and shall be liable for the safe keeping of all prisoners committed to his custody ; and shall give bond to the state separate and distinct from his bond as warden of the state prison, with two or more sureties satisfactory to the general treasurer, in the penal sum of fifteen thousand dollars ; conditioned for the faithful execution of his said office according to law; and in default of the warden of said state prison giving bond, his appointment as such warden shall be void ; and the sheriff of the county of Providence shall in such case be ex officio keeper of said jail and warden of the state prison, until another warden shall be appointed and qualified according to the provisions of this act and other acts which relate to said office: Provided however, that said sheriff shall not be required to give bond as warden of said state prison.
Sec. 23. Upon suits brought for breach of said bond given as provided in the preceding section of this act, judgment shall be rendered for the whole penalty thereof, and execution shall issue for the amount of the special damage sustained; which judgment in case of other breach or breaches shall be, from time to time, revived by writs of scire facias, and execution shall issue for damages as aforesaid : Provided however, if the original action be brought, or scire facias sued out, for the benefit of an individual or corporation, such individual or corporation shall first have the damages ascertained by an action against the keeper of the jail aforesaid ; and execution shall issue as aforesaid in the name of the state, for the use of the party in interest; and the name of the party for whose use the original writ or scire facias is brought shall be written thereon.
Sec. 24. The keeper of said jail shall receive into his custody and safely keep in said jail every person who shall be
committed thereto, until he shall be legally discharged therefrom; and the liability of the committing officer shall cease, and the liability of said keeper commence, immediately upon the entering and signing of the commitment by the committing officer on the book of said jail, kept for that purpose. And the form of all process, writs, and executions, to be seryed within the county of Providence, shall be so varied by the court or magistrate issuing the same, as to carry into effect all the provisions in relation to said jail.
Sec. 25. It shall be lawful for said keeper to compel any convicts committed to said jail, to operate the force pump for the supply of the said jail and the state prison with water; or to raise the same into the cistern or reservoir erected for that purpose ; under the advice and direction of the inspectors of the state prison or any two of them.
Sec. 26. The keeper of said jail is hereby empowered, by and with the consent and approbation of two inspectors of the state prison, to appoint a deputy keeper of said jail; and every such deputy keeper for the time being shall have all the powers and discharge all the duties of keeper; and the keeper shall be liable for all his acts, and may require bond with sureties for his indemnity; but such deputy shall, in no case, be entitled to receive any compensation from the state for his services as deputy.
Sec. 27. Whenever any person shall cease to hold the office of keeper of the said jail in the county of Providence, he shall deliver to his successor in said office, all books, bonds, notes, obligations and other papers in his possession, pertaining to said office; and on refusal to deliver the same on demand, shall be fined the sum of fifty dollars.
Sec. 28. The keeper of said jail may employ, with his consent, any person committed to the said jail, in any labor in said jail, in the basement story of the building connecting said jail with the state prison, and in the yard around said prison ; under such regulations as the inspectors of the state prison for the time being may, from time to time, prescribe ; and no person while so employed, or while going to or from thep lace of employ, shall, by such act, be deemed to have committed an escape ; but shall be deemed to be in the custody of said keeper in said jail.
Sec. 29. The keeper of the jail in the county of Providence shall receive and safely keep all such prisoners as may temporarily be committed to his keeping while being transferred from one county to another, under direction of the supreme court. The officer having charge of such prisoners shall certify their commitment and discharge upon the books of said jail; and the warrant of such officer left with the jailer during such prisoners' detention, shall be a sufficient protection for him therefor.
Sec. 30. The unoccupied upper cells in the state prison may, at the discretion of the warden and keeper of the jail in the county of Providence, and upon and with the advice of the inspectors of the prison, be used for the confinement and safe keeping of persons sentenced to confinement for a less term than one year in said jail; and the same, when so used, shall be deemed and taken to be a part of the said jail.
An Act in relation to Coroners.
SECTION 1. Justices of the peace declared coro- reduced to writing and subscribed by ners in their respective towns.
him. Coroner to recognize witnesses 2. Coroner to issue his warrant for sum- for appearance before the snpreme
moning a jury of six persons, as soon court, where they implicate any peras informed that the body of any per- son as the cause of the death of the son supposed to have come to his deceased. death by violence or casualty has been 8. Jury to sign verdict and deliver same found, or that any prisoner hath died to coroner; coroner to sign and seal in jail, in his town.
the same, and return it with the evi3. Officer failing to execute such warrant dence to the next sup. court. to be fined ten dollars ; persons sum
9. When an inquisition charges any permoned as jurors failing to attend, son with causing the death, coroner fined five dollars, to be recovered by to make complaint thereof to some town treasurer.
justice of the peace. 4. If all persons summoned as jurors do 10. Form of inquisition.
not appear, or are excused, coroner to 11. Fees of coroner, jurors, and officer for
issue another warrant to fill vacancies. summoning them. 5. Jurors to be sworn; form of oath. 12. Charges of inquisition to be paid out of 6. Coroner to charge the jury empannel. deceased's estate, if any, or out of led, and swear witnesses.
town treasury, but if deceased be a 7. The testimony of each witness to be prisoner, then out of general treasury. It is enacted by the General Assembly, as follows:
Section 1. Justices of the peace are hereby constituted coroners, throughout the towns in which they dwell.
Sec. 2. It shall be the duty of a coroner as soon as he shall be informed that the body of any person, supposed to have come to his death by violence or casualty, has been found within his town, or that any prisoner in the state prison or in any one of the state jails has deceased while so imprisoned, to issue his warrant to the sheriff or to either of his deputies, or to either of the town sergeants or constables within the county, requiring him to summon a jury of six good and lawful men of the same town, to inquire into the cause of the death of such person.
Sec 3. Every officer failing to execute such warrant,
shall forfeit the sum of ten dollars; and every person summoned as a juror as aforesaid, who shall fail to appear, or to render to such coroner reasonable excuse therefor, shall forfeit five dollars : which forfeiture shall be sued for and recovered by the town treasurer, for the use of such town, in an action of debt before any justice of the peace in said town.
Sec. 4. Whenever, from any cause, any of the jurors summoned shall not appear, or appearing shall be excused from serving on such jury, the coroner may issue another warrant to supply the deficiency.
Sec. 5. The coroner shall swear six jurors and shall give the foreman (by him appointed) his oath upon view of the body, in form following: You solemnly swear, that you will diligently inquire and true presentment make, in behalf of this state, how and in what manner
who lies here dead, came to his or her death ; and you shall deliver to me, one of the coroners of the town of
in the county of a true inquest thereof, according to such evidence as shall be laid before you ; so help you God. And then shall swear the other jurors in form following: Such oath as your foreman has taken, you and each of you shall well and truly observe and keep; so help you God. And in case any juror is conscientious about taking an oath, the coroner may administer an affirmation in lieu thereof.
Sec. 6. The jurors, being sworn, in view of the body, the coroner shall give them a charge, upon their oaths to declare of the death of the person, whether he died of felony, or of mischance or accident; and, if of felony, whether of his own or another; and, if of the felony of another, who were principals and who were accessories, and of all prevailing circumstances; and, if he died of his own felony, then to inquire of the manner and of all the circumstances concerning it; and, if he died by mischance or accident, whether by the act of men and whether by hurt, fall, stroke, drowning or otherwise ; to inquire of the persons who were present, the finders of the body, his relations and neighbors, whether he was killed in the same place he was found, and, if elsewhere, by whom and how he was brought from thence, and of all circumstances relating to said death; and the jury being charged, shall stand together; and the coroner shall cause proclamation to be made for all persons who can give evidence how and in what manner the person, then and there lying dead, came to his death, to draw near and they shall be heard ; and every coroner is further empowered, to summon and, if necessary, to grant compulsory process for the appearance of witnesses,