Perkins v. Grafton County
Supreme Court of New Hampshire
■ Claim, for medical attendance upon Frank C. Almy, while confined in the Hillsborough county jail awaiting trial for the crime of murder committed in Grafton county. Facts found by the' court.
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■ Claim, for medical attendance upon Frank C. Almy, while confined in the Hillsborough county jail awaiting trial for the crime of murder committed in Grafton county. Facts found by the' court. The prisoner was removed to this jail from the Grafton county jail, under Gen. Laws, c. 285, s. 10. ' There was an agreement between the plaintiff and one of the commissioners of Hills-borough county, covering the period in which the attendance was rendered, as follows: “This is to certify that I have'' this day agreed with John F. Clough, one of the commissioners of the c'oúh'ty of Hillsborough, that…
1Opinion of the CourtChase, J.
“ Every jailer, shall provide each prisoner in his custody with necessary sustenance, clothing, bedding, fuel, and medical attendance.” G. L., c. 285, s. 4. If he fails to do so, or if he defrauds the prisoner of anything for which he charges the county, he is liable to a forfeiture of twenty dollars, to be recovered by any one who will sue for it (s. 5). In performing the duty he acts as a public officer, and not as agent or servant of the county (s. 3). De Courcey’s Petition, 22 N. H. 368, 369. The commissioners are required to allow him, out of the county treasury, reasonable compensation…
2Cited by1 opinion
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