Petition of McHenry
Superior Court of Pennsylvania
Appeal, No. 33, Jan. T., 1898, by commissioners of Columbia Co., from order of Q. S. Columbia Co., Feb. Sess., 1897, No. 29, rescinding order appointing prison keeper, but directing payment of his services from day of appointment. Petition to rescind confirmation of sheriff’s appointment of keeper of county prison. Before Ckaig, P. J., of the 43d judicial district, specially presiding.
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Appeal, No. 33, Jan. T., 1898, by commissioners of Columbia Co., from order of Q. S. Columbia Co., Feb. Sess., 1897, No. 29, rescinding order appointing prison keeper, but directing payment of his services from day of appointment. Petition to rescind confirmation of sheriff’s appointment of keeper of county prison. Before Ckaig, P. J., of the 43d judicial district, specially presiding. It appears from the record that on March 1,1897, on petition of the sheriff of Columbia county setting forth that he had appointed Harry H. Kline jailer and keeper of prisoners confined in the jail of Columbia…
1Opinion of the Court
Per Curiam,
The 28th section of the Act of April 5, 1790, 2 Sm. L. 539,. has not been expressly repealed, and it is worthy of notice that it was omitted from the list of statutes and sections of the same act embraced in the repealing section of the Revised Penal Code of Procedure (Act of March 31, 1860, P. L. 427-451).
There was good reason for this. Imprisonment at labor in the county jail or prison for less than a year is still permitted by section 75 of the latter act when in the opinion of the court pronouncing the sentence, suitable prisons have been erected for such confinement and labor.…
2Cases cited1 opinion
- Homer & Son v. CommonwealthSupreme Court of Pennsylvania · 1884
3Cited by3 opinions
- Jadwin v. HurleySuperior Court of Pennsylvania · 1899
- Wilkes-Barre v. StewartSuperior Court of Pennsylvania · 1901
- Lawrence County v. Horner, Pennsylvania Court of Common Pleas, Lawrence County1923