Page:Federal Reporter, 1st Series, Volume 6.djvu/674

 662 FliDIifiAL HSFORTEB. �LowELL, C. Ji Those three actions of trespass and false imprisonment were submitted to the court without a jury. In July, 1876, the defendant StWe brought an action of tro- vei against the plaintiff Barnes in the Bupreme court of Ehode Island, and caused him to be arrested on mesne pro- cess. The plaintiff gave bail. After several trials a verdict ■was rendered for Steere for a large amount, and judgment was entered for him, upon which execution was issued and returned no» est. On the third of December, 1878, Barnes waa surrendered by his baiUto the defendant Viall, the jailor of the Providence county jail,andtwodays afterwards Barnes caused a tort citation to be issued to Steere, under chapter 216 of the General Statutes of Ehode Island, requiring him to pay the board of Barnes withiu ten days, which he did.* Ou the second of January, 1879, Barnes not having been committed on execution in pursuance of section 5, c. 218, of said stat- utes, required the defendant Viall to discharge him, but agreed to stay until the next morning. Viall, in the mean- time, consulted counsel, and saw the clerk of the court. On the morning of January 3d the prisoner was discharged by an entry on the jail-book, giving the isause, and thereupon left the office i but was presently after arrested .by a deputy sher- �♦Qeitebai:, Btatuibs of Rhode Island, c. 216. �Section 1. Any person who shall be imprisoned upon original writ, mesne process, execution, or surrender or commitment by bail in any action on penal statutes, or In any action of trover, detinue, trespass, tres- pass. and ejectment, or trespass quare damurafregit, in which the title to the close was not in dispute between the parties, or in any action of the case for words spoken, and who shall complain, on oath, to the keeper of the jail in which he is imprisoned, that he has no estatef real or personal, wherewith to support himself in jail or pay jail charges, shall be entitled to a citation as hereinafter provided. �Sec. 2. If such keeper shall believe such complalnt to be true, he shall forthwith issue a citation, under his hand and seal, to the plaintifE at whose suit the complainant is imprisoned, if the plaintiff resides in thia State! or, if he does not reside within this state, then to his agent or attor- ney of record; or, if he has no agent or attorney of record, then to the per- son who indorsed the plaintifE's writ as surety. �Sec. 3. Such citation shall set forth that such prisoner has made com- plaint as aforesaid, and that such prisoner will be discharged unless the sum of three dollar^ per week be, within 10 days.from the time of the service of such citation, paid to the sai^ keeper, in advance, for the ��� �