§ 23-42. Creditor liable for jail fees.
§23‑42. Creditor liable for jail fees.
When any debtor is actuallyconfined within the walls of a prison, on an order of arrest in default of bailor otherwise, the jailer must furnish him with necessary food during hisconfinement, if the prisoner requires it, for which the jailer shall have thesame fees as for keeping other prisoners. If the debtor is unable to dischargesuch fees, the jailer may recover them from the party at whose instance thedebtor was confined. And at any time after the arrest, the sheriff or jailermay give notice thereof to the plaintiff, his agent or attorney, and demandsecurity of him for the prison fees that accrue after such notice, and if theplaintiff fails to give such security then the sheriff may discharge the debtorout of custody. (1773, c. 100, ss. 8, 9, P.R.; 1821, c. 1103, P.R.;R.C., c. 69, s. 5; 1868‑9, c. 162, s. 24; Code, s. 2965; Rev., s. 1938;C.S., s. 1650.)