Legislation
SECTION 72
Term of imprisonment of civil prisoner
Civil Rights (CVR) CHAPTER 6, ARTICLE 7
§ 72. Term of imprisonment of civil prisoner. No person shall be
imprisoned within the prison walls of any jail for a longer period than
three months under an execution or any other mandate against the person
to enforce the recovery of a sum of money less than five hundred dollars
in amount or under a commitment upon a fine for contempt of court in the
nonpayment of alimony, maintenance, distributive awards or special
relief in matrimonial actions or counsel fees in a divorce case where
the amount so to be paid is less than the sum of five hundred dollars;
and where the amount in either of said cases is five hundred dollars or
over, such imprisonment shall not continue for a longer period than six
months. It shall be the duty of the sheriff in whose custody any such
person is held to discharge such person at the expiration of said
respective periods without any formal application being made therefor.
No person shall be imprisoned within the jail liberties of any jail for
a longer period than six months upon any execution or other mandate
against the person to enforce the recovery of a sum of five hundred
dollars or over or for a longer period than three months where the
amount is less than five hundred dollars, and no action shall be
commenced against the sheriff upon a bond given for the jail liberties
by such person. In computing the term of imprisonment time spent within
the prison walls of any jail and time spent within the jail liberties
shall be included. Notwithstanding such a discharge in either of the
above cases, the judgment creditor in the execution, or the person at
whose instance the said mandate was issued, has the same remedy against
the property of the person imprisoned which he or she had before such
execution or mandate was issued; but the prisoner shall not be again
imprisoned upon a like process issued in the same action or arrested in
any action upon any judgment under which the same may have been granted.
Except in a case hereinbefore specified nothing in this section shall
affect a commitment for contempt of court.
imprisoned within the prison walls of any jail for a longer period than
three months under an execution or any other mandate against the person
to enforce the recovery of a sum of money less than five hundred dollars
in amount or under a commitment upon a fine for contempt of court in the
nonpayment of alimony, maintenance, distributive awards or special
relief in matrimonial actions or counsel fees in a divorce case where
the amount so to be paid is less than the sum of five hundred dollars;
and where the amount in either of said cases is five hundred dollars or
over, such imprisonment shall not continue for a longer period than six
months. It shall be the duty of the sheriff in whose custody any such
person is held to discharge such person at the expiration of said
respective periods without any formal application being made therefor.
No person shall be imprisoned within the jail liberties of any jail for
a longer period than six months upon any execution or other mandate
against the person to enforce the recovery of a sum of five hundred
dollars or over or for a longer period than three months where the
amount is less than five hundred dollars, and no action shall be
commenced against the sheriff upon a bond given for the jail liberties
by such person. In computing the term of imprisonment time spent within
the prison walls of any jail and time spent within the jail liberties
shall be included. Notwithstanding such a discharge in either of the
above cases, the judgment creditor in the execution, or the person at
whose instance the said mandate was issued, has the same remedy against
the property of the person imprisoned which he or she had before such
execution or mandate was issued; but the prisoner shall not be again
imprisoned upon a like process issued in the same action or arrested in
any action upon any judgment under which the same may have been granted.
Except in a case hereinbefore specified nothing in this section shall
affect a commitment for contempt of court.