
    Sheriff Fitch v. Cook et al.
    A prisoner who hath taken the poor debtor’s oath must remain a reasonable time after the money left for his support, is expended.
    ERROR to reverse a judgment of the City Court in an action brought by said sheriff against said Cook, etc. upon a bond given him, conditioned that said Cook who was in gaol upon a certain execution, should abide a true and faithful prisoner.
    Plea in bar —■ That on the 4th of February, 52 minutes after 2 o’clock in the afternoon, said Cook took the oath provided by law for poor prisoners, and money was left with the gaoler for his support, according to the rate stated by the County Court, until the 30th day of March following, including his dinner on said day; that after he had eat his dinner, at 3 o’clock on said 30th day of March aforesaid, be left tbe gaol, there then being no money left for bis support. '
    Plaintiff replies — Admits that said Cook took tbe oath aforesaid at tbe time specified in tbe plea, and says that five minutes after said Cook left tbe gaol tbe creditor left money with tbe gaoler for bis support. Demurrer to tbe reply. Judgment of tbe City Court, that tbe plaintiff’s reply is insufficient.
    Errors assigned generally.
   Judgment of this court — That there is manifest error in tbe judgment complained of. Tbe law is to have a reasonable construction, it was made for tbe relief of poor imprisoned debtors, and may not be so construed as to work an injury to tbe honest creditor. The object of tbe law is, tbe sustenance of tbe debtor; and it could not be said with any propriety, that be was without sustenance at this time, being immediately' after bis dinner. See Sheriff Parsons v. Whetmore, Middlesex July Term, 1789.  