Hutchins v. Tyler
Supreme Court of Vermont
Petition for Mandamus. The relator in May, 1876, was ordered by a justice of the peace to enter into recognizance to appear to the County Court under a bastardy prosecution. The case was continued till October, 1878, when he was tried, and found guilty. The order of commitment was issued two days later ; but he was not arrested till the 18th day of the next December.
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Petition for Mandamus. The relator in May, 1876, was ordered by a justice of the peace to enter into recognizance to appear to the County Court under a bastardy prosecution. The case was continued till October, 1878, when he was tried, and found guilty. The order of commitment was issued two days later ; but he was not arrested till the 18th day of the next December. On the 18th day of June, 1879, the relator petitioned the jail commissioners to be released from confinement, on taking the poor debtor’s oath, claiming that they should act under the statute of 1876, No. 10. The commissioners,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The commitment is under the Gen. Sts. c. 74. The statute of 1876 provided how the party might get out of jail upon such commitment. The statute of 1878 provided a different mode in substitution of that of 1876. Both are remedial as against the Gen. Sts. That of 1876 ceased to be operative, when that of 1878 went into effect.
The petitioner had not been committed under the Gen. Sts. when the statute of 1878 went into effect. He had not been in jail at all. The statute of 1876 requires six months’ confinement in jail before the party shall be…
2Cited by1 opinion
- Gaffney v. Commissioners of Jail DeliverySupreme Court of Vermont · 1942