Jones v. Varney
Massachusetts Supreme Judicial Court
This was scire facias against the defendants, as the bail of Samuel O. Dickey, and was submitted to the court of common pleas upon the following facts: The writ was dated the 26th of September, 1849, served on the 16th of October following, and returnable and entered at the next December term of the court of common pleas.
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This was scire facias against the defendants, as the bail of Samuel O. Dickey, and was submitted to the court of common pleas upon the following facts: The writ was dated the 26th of September, 1849, served on the 16th of October following, and returnable and entered at the next December term of the court of common pleas. On the 29th of October, 1849, the defendants surrendered Dickey to the keeper of the county jail at Lowell, for the purpose of discharging themselves as bail, and left with the keeper a copy of the bail-bond declared on in this action, attested by the clerk of the courts for…
1Opinion of the CourtShaw, C. J.
In this case, the bail surrendered their principal to the jailer, after scire facias commenced and before final judgment, pursuant to the Rev. Sts. c. 91, § 13.
In construing a new statute, we must examine and ascertain, if possible, how the case stood before, and the objects and purposes intended to be accomplished by the new enactment, in order to understand and apply the words of the legislature.
Before the statute of 1817, c. 146, the mode of surrendering a person by his bail was, in court, whilst the original action *139was there pending, or on the scire facias, whilst that was pending in…
2Cited by1 opinion
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