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![handle is hein.ssl/ssma0514 and id is 1 raw text is: ACTS
PASSED AT THE SESSION BEGUN AND HELD AT BOSTON,
. ON THE THIRTIETH DAY OF MAY, A.D. 1705.
CHAPTER 1.
AN ACT FOR THE EASE OF PRISONERS FOR DEBT.
FORASMUCH as, in divers counties within this province, the prisons
are so small that when there are any number of prisoners there are not
rooms or apartments sufficient for the receiving and securing of them,
without lodging felons and other criminals, and prisoners for debt,
together in one and the same room, which ought not to be; wherefore,
whilst other and better provision can be made in that respect,-
Be it declared and enacted by His Exccellency the Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,
[SECT. 1.] That any person imprison'd for debt, either upon mean rrisoners for
process or execution, shall be permitted and allowed to have a chamber inalow a
and lodging in any of the houseing or apartments belonging to such liberty of the
prison, and liberty of the yard within the same, in the day time, but caritpn
not to pass without the limits of the prison, upon reasonable payment
to be made for chamber-room, not exceeding one shilling and sixpence
per week; such prisoner giving bond to the sheriff, with two sufficient
sureties, being freeholders, bound, jointly and severally, in double the
sum for which he is imprisoned, with condition, underwritten, in form
following; viz.,-
That if the above bounden A. B., now prisoner in her majesty's prison in B., Condition of
within the county of S., at the suit of C. D., do and shall from henceforth be and the bond.
continue a true prisoner, in the custody, guard and safe-keeping of D. W., keeper
of the same prison, and in the custody, guard and safe-keeping of his deputy,
officers and servants, or sonic or one of them, within the limits of the said prison,
until he shall be lawfully discharged, without committing any manner of escape
or escapes during the time of his restraint, then this present obligation to be void;
or else to abide in full force and virtue.
[SECT. 2.] And in case of an escape, the whole penalty of such The whole pen.
bond, without chancery, shall be to and for the use of the creditor, and alty withoet
chancery to he
shall be transferr'd and assigned over to the creditor, by the sheriff, recovered In
with full power to enable him to put the same in suit, and recover the case of escape.
sum therein express'd. And the sheriff delivering up such bond to the
creditor, so assigned as aforesaid, shall not be liable to any action of
escape, for any prisoner enlarged upon security given in manner as
aforesaid: provided, always, that the sureties be approved as sufficient, rroviso for the
by the justices of that court before whom the cause upon such commit- aroan of
ment is to be tryed, or from whence execution issued, or any two of
them, or by two justices in the county, quorum unus, where the debtor -
is imprisoned; and no other sureties to be accepted.
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