Hinds v. Doubleday
New York Supreme Court
, Escape ; bond for the liberties ; old and new sheriff. The plaintiff, as late sheriff of the county of Broome, declared against the defendants on a bond for the limits, in the penal sum of $200, bearing date 4th March, 1831. The bond, after reciting that McIntosh was in custody on a ca. sa. at the suit of J. Bacon and others, for §89 30, and had been admitted to the liberties of the county, was conditioned that he should remain a true and faithful prisoner, and should not…
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, Escape ; bond for the liberties ; old and new sheriff. The plaintiff, as late sheriff of the county of Broome, declared against the defendants on a bond for the limits, in the penal sum of $200, bearing date 4th March, 1831. The bond, after reciting that McIntosh was in custody on a ca. sa. at the suit of J. Bacon and others, for §89 30, and had been admitted to the liberties of the county, was conditioned that he should remain a true and faithful prisoner, and should not at any time escape, or go without the limits of the jail, until discharged by due course of law. The breach assigned…
1Opinion of the Court
By the Court,
Bronson, J.
Under the former law, a writ of discharge was delivered to the old sheriff, commanding him that by indenture he deliver to'his successor, “ the county, with the appurtenances, together with the. rolls, writs, memorandums, and all other things touching that office which are in his custodyand thereupon the office of the old sheriff was at an end. 1 R. L. 418, § 1, 4, 5. Notwithstanding the imperative language of the writ, it was said in Hempstead v. Weed, 20 Johns. R. 64, that the right of the old sheriff to turn over his prisoners on civil executions to .his successor,…
2Cases cited1 opinion
- Partridge v. WesterveltNew York Supreme Court · 1835
3Cited by7 opinions
- Feerick v. ConnerNew York Court of Common Pleas · 1881
- French v. WilletThe Superior Court of New York City · 1863
- Howard v. Morrisey, New York County Courts1911
- In re IrvingCity of New York Municipal Court · 1886
- Ridgway v. BarnardNew York Supreme Court · 1858
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