Page:Federal Reporter, 1st Series, Volume 6.djvu/675

 BARNES V, VIALL. 663 �iff upon an alias execution procured on the sam© day by the defendant Potter, as attorney for Steere, and was recommitted to the oustody of the jailor; and. on the fifth of January Barnes caused another tort citation to he issued to Steere, in accordance with which the board was again paid; but in consequence, probably, of the form of citation, requiring pay- ment in ten days, there was a lapse or hiatus of a week dur- ing which the board was not prepaid. Af ter some weeks the plaintiflf petitioned the supreme court for a lyrit of habeas cor- pus, but did not prosecute bis petition, ;and filed a second petition March24th, and on the twenty-seventh of March he was discharged by the court. The reason given in his petition for demanding a discharge was that his board had not beei^. duly paid; but at the hearing the question was raised as to the legality of the arrest. The court gave no written opin-j ion, but are understood to have said that he was certainly entitled to be released for the cause first assigned, and that,, therefore, it was not necessary to^pronounce upon the other. After his discharge he brought these three actions against the creditor, the attorney, and thej'ajlor. �Several questions have been ably presented in the briefs of ; counsel: Whether the arrest and detention were illegal? �board of such prisoner, reckoniiig such board from the expiration of said 10 days after such service, which payments in adVaace shall continue to be made by such creditor during the time such prisoner shall be detained at his suit. �Sec. 4. Buch lieeper, upon issuing the citation, shall, at the expenae Of the State, cause service thereof to be made by the sheriffl, his deputy, or any town sergeant or constabie, on the person to whom such citation shall be directed as aforesaid, by reading the same to him in his presence, or by leaving'a true and attested copy thereof at his last and usual place of abode. �Sec. 5. In case of default made in payment of such prisoner's board, as required in the third section of this chapter, tte keeper shall discharge such prisoner from Jail, statihg, in his formai discharge on the jail-book, the reason therefor. �Sec. 6. The amount.thus paid by the creditor for the board pf the pris- oner, so imprisoned at his suit, shall be added to and form a part of the costs of commitment and detention, and a,a such costs shall be paid by the prisoner in the then existlngor any future proceedings which may be I^w- fully-instittited against him for the recpyery. of the debt and costs of such suit. . ', . ��� �