Little v. Hasey
Massachusetts Supreme Judicial Court
[# 319 ] * This was an action of debt upon a bond made to the plaintiff by the defendants, dated August 21st, 1811, and conditioned that the said Hasey, then a prisoner on an execution issued in favor of the plaintiff in the gaol at Wiscasset, should continue a true prisoner, &c.
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[# 319 ] * This was an action of debt upon a bond made to the plaintiff by the defendants, dated August 21st, 1811, and conditioned that the said Hasey, then a prisoner on an execution issued in favor of the plaintiff in the gaol at Wiscasset, should continue a true prisoner, &c. In a statement of facts, upon which the cause was submitted to the decision of the Court, it was agreed, that, after his commitment, Hasey gave due notice to the plaintiff of his desire of taking the -irivilege and benefit of “an act for the relief of poor prisoners, who are committed by execution for debt ” ;(1)…
1Opinion of the CourtParker, C. J.
It has unfortunately happened, that, by a mistake of the justices who administered the oath to the defendant, Hasey, he and his sureties are subjected to the penalty of this obligation. For, being in prison in execution, and having withdrawn himself therefrom, he must be considered as having committed an escape, contrary to the condition of his bond.
It is agreed that the justices administered the oath according to the form prescribed in the first statute on the subject [Stat. 1787, c. 29]. The statute of 1805, c. 100, provides, that another oath be substituted in the place of that prescribed…
2Cited by6 opinions
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- Banks v. JohnsonSuperior Court of New Hampshire · 1841
- Jenkins v. NewellMassachusetts Supreme Judicial Court · 1845
- Putnam v. LongleyMassachusetts Supreme Judicial Court · 1831
- Slasson v. BrownMassachusetts Supreme Judicial Court · 1838
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