Parsons v. Whetmore

1 Root 117

Opinion

The statute is, that the keeper of the prison, shall not stand charged with the supply of victuals or other necessaries, of any person committed to prison in any civil matter or action; and in case lie hath, no estate, and will and do take the oath provided by law; the keeper of the prison shall not stand charged with such prisoner, unless the creditor shall allow him a weekly maintenance, such as shall be allowed by the County Court. The gaoler is the person with whom the weekly allowance is to be lodged; and thereupon he becomes chargeable to the creditor, for the safe-keeping of such prisoner, and accountable to the prisoner for his support; and that at the time of the prisoner’s escaping there was a sufficiency of money lodged for his support with the 'gaoler.