Sullivan v. Alexander
New York Supreme Court
THIS was an action of debt brought by the plaintiff, as as- . • mee of a bond taken by the sheriff of the city and county of p v 'eu>-York, on permitting Mexanaer, a prisoner, mexecution, the suit of the plaintiff, to go at large within the liberties of te gaol, pursuant to the statute.
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THIS was an action of debt brought by the plaintiff, as as- . • mee of a bond taken by the sheriff of the city and county of p v 'eu>-York, on permitting Mexanaer, a prisoner, mexecution, the suit of the plaintiff, to go at large within the liberties of te gaol, pursuant to the statute. The conditioñ of the bond, as set forth in the declaration, was; “ that if the said Alexanc . should remain a true and faithful prisoner, and should not, any time, or in any wise, escape, or go without the limits of tl liberties of the gaol of the said city and county of JVew-Yon until discharged by due course…
1Opinion of the Court
Spencer, Cb. J.
delivered the opinion of the Court. Tí question is, whether the bond is void, as taken for matters n< authorised by statute, colore officii? The words which have bee superadded to the condition, as authorised by statute, are, tin the defendant A. “shall, at the request of the said J.L.B as sheriff aforesaid, surrender himself to the said prison,!’ &x *235This is a substantial and material part of the condition. In Thompson v. Lockwvod, (15 Johns. Rep. 256.) we held, that the t relative to gaols, sess. 36. ch. 49. s. 6. (1 N. R. L. 429.) to letting prisoners go at large within the…
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