Henry v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action upon an insolvent bond, by (he Commonwealth against the administrators of Gowen Henry. The case presented the following facts.
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ERROR to the common pleas of Dauphin county. This was an action upon an insolvent bond, by (he Commonwealth against the administrators of Gowen Henry. The case presented the following facts. Gowen Henry had been convicted of forgery, sentenced to imprisonment for one week, and to pay the costs of prosecution: he was pardoned by the governor, and gave a bond to the Commonwealth, with security, to appear at the next court of common pleas to take the benefit of the insolvent laws : he was discharged, thereupon, from custody; but did not appear in pursuance of the condition of the bond. This suit…
1Per curiam
The act of 1814, which extends the benefit of the insolvent laws to criminals in confinement for costs, contains no provision for intermediate liberty, whether the applicant be under sentence or in execution. That measure was introduced by the act of 1820, which relates by its terms but to debtors in execution, though the case of prisoners under sentence must have met the eye of the legislature, as it was embraced by the preceding legislation. Under these circumstances, and particularly as the legislature might well see reason to distinguish between those who are criminal and those who are…
2Cited by2 opinions
- County of Schuylkill v. ReifsnyderSupreme Court of Pennsylvania · 1864
- Mears v. CommonwealthSupreme Court of Pennsylvania · 1839