KIDNAPPING. [CHAP. 444. persons owning the adjoining land that may be benefitted by the perpetuation of such testimony, their equal proportion of the expense incurred in obtaining When to take such evidence. This act to take effect and be in force from and after the effect. passage thereof. Repealed, Feb. Preamble. Persons kidnapping and carrying away negroes contrary to law or attempting so to do, to be con fined in the penitentiary from one to ten [Passed, January 25, 1819.] CHAP. CCCCXLIII.-An act to punish kidnapping. Whereas, it is provided by an act of congress, passed the twelfth day of February, one thousand seven hundred and ninety-three, that when a person held to labor in any of the United States, or in any of the territories northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territories, the person to whom such labor or service may be due, his agent or attorney, is authorized and empowered to seize or arrest said fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate either by oral testimony, or by affidavit, taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate, to give a certificate thereof, to such claimant, his agent or attorney, which shall be a sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled; and whereas it has been represented to this general assembly that upon pretence of seizing fugitives from service, under the provisions of the beforerecited act, unprincipled persons have kidnapped free persons of color, within this state, and attempted to transport them out of the state, and sell them into slavery; and whereas it is necessary and proper to put a stop to this nefarious and inhuman practice: therefore, 1. Be it enacted, &c. That if any person, or persons, under any pretence whatsoever, shall by violence, fraud or deception, seize upon any free black or mulatto person, within this state, and keep or detain such free black or mulatto person, in any kind of restraint or confinement, with intent to transport such free black or mulatto person out of this state, contrary to law, or shall in any manner attempt to carry out of this state, any black or mulatto person, without having first taken such black or mulatto person before some judge of the circuit or district court, or justice of the peace, in the county wherein such black or mulatto person was taken, agreeably to the provisions of the aboverecited act of congress, and there prove his right to such black or mulatto person, every such person so offending, shall be deemed guilty of a high misdemeanor; and on conviction thereof before any court having competent authority to try the same, shall be confined in the penitentiary of this state at hard labor, for any space of time not less than one nor more than ten years, at the discretion When to take of the court. This act to take effect from and after the first day of June next. effect. [Passed, January 25, 1819.] years. Repealed January 11, 1820; O. L. c. 464, 16. Duty of commissioners of new counties in settling accounts with CHAP. CCCCXLIV. --An act to amend the act providing how money shall be appropriated in counties or districts detached, and for the division of the money remaining in the treasury from which a new county may be laid off." 1. Be it enacted, &c. sioners of any new county heretofore laid off, or that hereafter may be laid off That it is hereby made the duty of the commisand organized, from one or more counties, to call on the commissioners of the county or counties, from which such new county was taken, for a settlement of the money which shall remain in the treasury of the said county or counties; of old counties, and the commissioners of such old county or counties, are hereby ordered and commissioners Proceedings when commis sioners of old counties refuse to settle with directed, when called on by the commissioners of such new county, to settle to settle with the commissioners of such new county, and give them an order * See O. L. c. 208. summary manner, upon notice, to compel the commissioners of the old county and pay over to to make such settlement and give such order; and the court of common pleas new counties; shall enforce any order they may make in the premises, by attaching the per- duty of the sons of the commissioners of the old county, until such order is complied with, and the costs of the application paid. court. 3. That if there be not money in the treasury of the old county, to pay Provisions the beforementioned order, when presented, it shall be the duty of the treas- when old counurer of said county to pay the order and interest thereon, at the rate of six ty is unable to per cent. per annum, out of the first money received by him for county pay. purposes. [Passed, January 25, 1819.] CHAP. CCCCXLV.-An act to amend the act, entitled an act providing for the incorpora- Repealed, Jan. tion of townships.' 24, 1820, O. 1. Be it enacted, &c. That when any duplicate of the assessment of the L. c. 468, 18. tax voted by the trustees of any township, may be hereafter delivered to any Duty of constaconstable for collection, it shall be lawful for such constable, after having ble in collecting qualified himself, agreeably to the provisions of the act to which this is an township tax. amendment, to proceed to collect the same, with the same powers and under the same regulations provided for county collectors. 2. That each of the trustees shall be entitled to one dollar per day, for Compensation every day that they may sit in doing township business; and they shall allow of trustees and to the constable a reasonable compensation for advertising the time of holding constables, &c. township elections and notifying the officers of their election; and they shall also give the township clerk a reasonable compensation for keeping a record of their proceedings, and attending to suits in favor of the township, to be paid by the township treasurer out of the township funds on the order of the trustees, attested by the clerk. 3. That it shall be the duty of the township clerk, immediately after the Duty of towntownship officers shall have made their annual settlement of accounts to make ship clerk. out and enter in the record-book of the township, an account of all the receipts and expenditures of the township for the preceding year, stating for what the money was received and how expended; and he shall set up a copy of said account at the place of holding the township elections, on the first Monday of April annually, for which he shall be allowed a reasonable compensation by the trustees, to be paid out of the treasury. 4. That hereafter all suits for or against any township, shall be prose- Suits vs. towncuted or defended in the name of the township. This act to take effect and ships how prosbe in force from and after the first day of June next. [Passed, January 25, ecuted. 1819.] CHAP. CCCCXLVI.-An act to amend the act, entitled an act defining the duties of jus- Repealed, Feb. tices of the peace and constables in criminal and civil cases.'* § 57. 16, 1820; O. 1. Be it enacted, &c. That it shall be lawful for the plaintiff, in actions L. c. 475, of trespass, on personal property, to commence his or her action in the town Action of tresship where such trespass shall have been committed; and in all such cases, where pass on personthe defendant or defendants shall not reside or cannot be found in the township al property to where such suit may be commenced, it shall be lawful for the justices before be commenced whom such suit may have been commenced, to issue his summons or warrant, in the township (as the case may require) directed to any constable in the township where such where commit justice may reside, who is hereby authorized and directed to go into any town- ted; proceedship where the defendant or defendants shall reside, or may be found, within ings when dethe county where such suit may be commenced, and to make service and return fendant resides in another of such summons or warrant, to the justice issuing the same; and the defendtownship. ant or defendants shall be held as liable to answer to any such warrant or summons, in the same manner as if such defendant or defendants resided in the township where such suit was commenced. 2. That in all cases when execution shall issue against any person or Proceedings persons, or any judgment against such person or persons, and the constable to when a constawhom such execution shall be delivered, shall make return thereon that suffi- ble returns an cient goods and chattels cannot be found within the township where the justice execution, no issuing the same may reside; and if it shall be suggested to the said justice, property to be that the person or persons against whom judgment was rendered as aforesaid, township. hath or have goods and chattels within any other township in the county where found in his Justices jurisdiction in tres pass on real property. Constable to deliver a copy of execution to jailor with the body. Suit may be commenced on the balance due on a note or open account the justice may reside, it shall be lawful for such justice to issue an execution on such judgment, to any constable of the township where such goods and chattels may be found; which constable is hereby authorized and directed to make execution, and return to the justice issuing such execution, in the same manner as if said justice resided in the township where such goods and chattels may be found. 3. That the jurisdiction of justices of the peace shall extend to actions of trespass on real estate, in all cases where the damages demanded for such trespass shall not exceed the sum made cognizable by a justice of the peace in other cases; and no claim of title set up by the defendant shall take away or affect the jurisdiction hereby given. 4. That in all cases not otherwise provided when it may become the duty of a constable to deliver in custody to the sheriff, the body of any person, the provisions of the act to which this is an amendment the said constable before he shall be entitled to a receipt, shall deliver to the sheriff a certified under copy of the execution or process, by virtue of which the said person was arrested, which copy shall be a sufficient voucher for the sheriff. § 5. That in all cases where the balance claimed to be due upon a bond, note or bill, or upon any open or unsettled account, shall be under seventy and prosecuted dollars, the plaintiff may commence his suit before a justice of the peace for the balance actually claimed to be due, and the justice shall have power to hear and determine all matters of controversy between the parties, without any regard to the amount mentioned in the original contract or account, and shall render judgment for the amount actually due as in other cases: Provided, The amount found to be due shall not exceed seventy dollars; and if an appeal be taken by either party, the plaintiff may declare for the whole amount of the original contract or account and the proceedings and trial shall be the same as in other cases, except that if the plaintiff recover a greater sum than seventy dollars, he shall not recover costs. without regard to the original contract. On appeals justice to deliver transcript to the appellant who shall re turn it to court; 6. That when an appeal shall be taken from the judgment of any justice of the peace, under the seventeenth section of the act to which this is an amendment, the justice shall deliver the transcript of his proceedings to the appellant, instead of sending the same to the clerk of the court of common pleas, provided by the said seventeenth section; and it shall be the duty of proceeding the appellant to deliver the same to the clerk in the same manner as is provided when appellant by said act: and when the appellant shall fail to enter his said appeal upon the first or second day of the term next after such appeal is taken, the appellee may enter the same, and upon the motion of the appellee after making such entry, the said appeal shall be dismissed at the cost of the appellant, and the cause remanded to the justice, to be proceeded in as if no appeal had been taken: Provided, That before any appeal shall be taken from a judgment rendered by any justice of the peace, the appellant shall pay all the costs which may have accrued thereon; which costs shall be taxed by the court above, and abide the event of the appeal. fails to return transcript. Security liable when the appellant fails; proceedings against such bail. Justices may bail on judg ments con 7. That when any appeal shall be dismissed, or when judgment in the court of common pleas shall be rendered against the appellant, the security in the recognizance for the appeal, shall be liable to the appellee for the whole amount of debt, costs or damages that may be recovered of the appellant, and when the whole amount of debt, costs or damages shall not exceed seventy dollars, the security may be proceeded against before the proper justice of the peace by scire facias, as in case of bail for stay of execution, upon judgments rendered by a justice of the peace: and where the whole amount of debt, costs or damages shall exceed seventy dollars, the security may be proceeded against in the court of common pleas of the proper county, by action of debt, grounded upon said recognizance, an authenticated copy of which, certified in due form of law, shall be received in court, as of equal authority with the original. 8. That in all cases where bail shall be entered for stay of execution, proceed against upon judgments confessed, for a greater sum than seventy dollars the justices of the peace shall have power and jurisdiction, to proceed by scire facias against the bail, and to hear and determine all matters of controversy arising thereon, in the same manner as if the original sum for which judgment was given, did not exceed seventy dollars, from which judgment there shall be no appeal; and upon all judgments entered by confession, before a justice of the fessed over 70 dollars. peace, the justice shall issue execution, in the same manner and under the same regulations, as is provided by the act to which this is an amendment. 9. That witnesses summoned to attend before a justice of the peace, in Witnesses fees. civil cases, shall be entitled to fifty cents per day for their attendance, to be taxed in the bill of costs, and execution thereon issued against the party, against whom judgment is given. 10. That when an appeal taken from the judgment of a justice of the Proceeding on peace to the court of common pleas, shall be quashed in court on account of appeals when any irregularity in taking or consummating such appeal, the cause for quash- judgment is ing shall be specified in the order of the court by which the same is quashed, quashed in and a transcript of such order shall be lodged with the justice, who shall court of common pleas, thereupon proceed to issue execution in the same manner as if no appeal had been taken. from one town 11. That in all cases where a justice of the peace shall issue an execu- Duty of justice tion, directed to a constable in a township where the justice issuing the execu- and constable tion does not reside, it shall be the duty of the constable receiving such in cases when execution, to execute and return the same in every respect as if it was issued process is sent from a justice in the same township with the constable; and for every negli- ship to another. gence or other misconduct in proceeding with such execution, the constable shall be liable to be proceeded against as in other cases; and the justice issuing the execution shall have power to send process out of his township to bring such constable before him, to be dealt with as right and justice may require. 12. That constables shall have the same power to levy and collect execu- Constable may tions, issued for sums above seventy dollars, when judgments have been con- levy and collect fessed before justices of the peace, that they have in other cases; and in sums over sevcase any constable to whom such execution shall be directed shall fail to make enty dollars on judgments conreturn thereof, or make false return thereof, he shall be proceeded against fessed. in the same manner as is provided in the twenty-sixth section of the act to which this is an amendment. 13. That in all cases where a new township is set off, or the bounds of Officers not to an old township altered, the office of justice of the peace or constable shall not be affected by be affected thereby, but the justices and constables shall be regarded as offi- setting off a new township. cers in the new township, and shall continue to perform their respective duties in the name of the new township until their term of service shall expire. 14. That it shall be lawful for any justice of the peace to accept of suffi- Bail for stay of cient bail for stay of execution, upon any judgment entered by him at any execution to be time within ten days next after the rendition of such judgment, and if the justice entered in ten shall have issued execution upon such judgment, the justice shall forthwith days. recall the same at the cost of the defendant: Provided, no stay of execution shall be allowed upon any judgment rendered upon a scire facias against bail. 15. That whenever any justice of the peace shall deem it necessary to Justices may issue process in criminal cases when the proper constable is not convenient, appoint constathe said justice is hereby empowered to appoint any person he may deem fit, bles in criminal to act as constable in said service; and that when any constable from debility, cases, &c. shall be incapable of performing the requisite duties of his office in any case whatever, it shall be the duty of the justice of the peace to appoint a constable, agreeably to the twenty-seventh section of the act to which this is an amendment. 16. That in all cases where at the time of issuing execution upon any judgment before a justice of the peace, the defendant or defendants do not reside in the township where the execution is issued, but shall reside in some other township of the same county, it shall be lawful for execution to issue, directed to the constable of the township where such defendant or defendants actually reside, and it is hereby made the duty of said constable to levy said execution, collect and pay over the money to the justice of the peace issuing the same, as in other cases. may Justices to the constable county. Justice of as coroner in certain cases. 17. That whenever the office of coroner shall become vacant in any county, either by death, resignation or otherwise, any justice of the peace peace to act within the township shall be bound to perform all the duties, and be vested with all the powers of coroner during such vacancy, in all cases where the dead body of any person supposed to come to his or her death by violence or casualty, is found within his township. 18. That the act supplementary to an act regulating the duties of jus- O. L. c. 375, tices of the peace and constables in civil and criminal cases, passed February 426, &c. repealed. Repealed, Jan. 29, 1821; O. L. c. 506, 44. Convicts to be transported in thirty days by the sheriff; sheriff's fees for transporting convicts; how paid. Convicts to be washed and examined by physician; garments to be preserved. Convicts to be clothed, and how; their heads to be shaved; their diet; labor. Days of labor, Officers to be seventeenth, one thousand eight hundred and sixteen, and an act to amend the act entitled 'an act defining the duties of justices of the peace in civil and criminal cases,' passed January thirtieth, eighteen hundred and eighteen ; and all acts and parts of acts coming within the purview of this act, be and the same are hereby repealed. This act to take effect from and after the first day of June next. [Passed, January 25, 1819.] CHAP. CCCCXLVII.-An act to amend the act making provision for carrying into effect the act for the punishment of crimes. * 1. Be it enacted, &c. That every person sentenced to hard labor and imprisonment, agreeably to the provisions of the act for the punishment of crimes, shall, within thirty days after his or her conviction, be transported at the expense of the state to the state prison, by the sheriff of the county in which such conviction may be had, and there delivered into the custody of the keeper of said prison, together with a copy of the sentence of the court ordering such imprisonment and the costs of the prosecution, including the constables, justices, sheriffs and clerk's fees, certified under the hand and seal of the clerk of said court, attested by the presiding judge, there to be safely kept until the term of his or her confinement shall have expired, or until he or she shall be discharged by due course of law, for which service the said sheriff shall receive twelve and a half cents per mile going to, and nine cents per mile returning from said prison, to be computed from the jail of the county in which the conviction took place, and the like sum for one guard for each prisoner, and the sum of two dollars for every twenty-five miles for transporting and sustaining each prisoner; all which sums shall be certified by the said keeper, and shall be paid on his order by the treasurer of the state, out of any moneys in his hands not otherwise appropriated. 2. That every person sentenced to hard labor and imprisonment as aforesaid, shall be washed, cleansed, and shall remain in separate lodgings until it shall be certified by a physician that he or she may be safely admitted among the other prisoners; and the clothes which the said person may wear on his or her arrival at the prison, shall either be burnt or carefully fumigated and put away, at the discretion of the keeper; and in case the said clothes be preserved, they shall be returned to the owner at the expiration of the time of his or her confinement. 3. That all offenders as aforesaid committed, shall, during the term of their confinement, be clothed at the expense of the state, in garments of coarse materials, uniform in color and make; and the males shall have the right side of their heads shaved close, at least once in every month; and all the said offenders shall, during the time of their confinement, be fed on coarse but wholesome food; and shall as far as may be consistent with their sex, age, health and ability, be kept at hard labor, in which the work is least liable to be spoiled, and the materials not easily embezzled or destroyed. It shall be lawful for the inspectors hereinafter mentioned, when in their opinion it may be necessary, to employ suitable persons to instruct the prisoners in the work in which they may be employed; and during the times of labor, and at all other times, they shall be kept as separate from each other as the nature of their employment and the apartments of the prison will admit. 4. That each convict shall, unless prevented by ill health, be kept at work every day in the year, Sundays only excepted, and the hours of work shall be as many as the season of the year will permit; and when the labor of each day is finished, the tools and materials, or such of them as may be easily removed shall be taken to places of safety until the hour of labor shall return, 5. That there shall be elected by a joint ballot of the general assembly, elected by the three inspectors, a keeper and agent for the penitentiary, who shall each be legislature and commissioned by the governor, and continue in office for the term of three years from and after their election, and until a successor is elected and qualified: Provided, That before entering on the duties of their several offices, an oath; keep- they shall take an oath well and faithfully to discharge the duties of their reser or agent how pective offices before some officer authorized to administer the same; and it shall be lawful for the inspectors with the consent of the governor, at any continue in office three years; to take removed from office; ; vacancy time to remove the keeper or agent, and appoint a suitable person to fill any how filled; vacancy which may happen in either of said offices, to serve until a keeper or * See O. L. c. 338. |