Board of Supervisors v. McDaniel
Board of Supervisors v. McDaniel
Opinion of the Court
delivered the opinion of the court.
The act entitled, “ An act providing for the discharge of prisoners in county jails in certain cases, and for other purposes,” approved. March 9,1882, although not such in form, is in fact a mere amendment of chapter 79 of the code of 1880, and as if its three sections were added to the chapter with appropriate numbers. Acts 1882, p. 23. Chapter 80 of acts of 1890, entitled,. “ An act to provide for hii’ing prisoners sentenced to fine and imprisonment in the county jail of certain counties,” approved February 22, 1890, acts
The prisoner was not entitled to be dealt with under the act of March 9, 1882, amendatory of chapter 79 of the code.
The orcle¡>' of the chancellor for his dicharge from custody is reversed.
Reference
- Full Case Name
- Board of Supervisors of Monroe County v. Elsie McDaniel
- Status
- Published
- Syllabus
- County Pkisoneks. Siring out. Discharge. Acts of March 9,1882, and February 22, 1890. The act of March, 1882, under which prisoners committed to jail until their fines should he paid, might he discharged after ten days upon filing a schedule of assets, was á mere amendment of chap. 79, code 1880, in relation to county prisoners, and, since the act of February 22, 1890 (Laws 1890, p. 94), providing that in certain specified counties prisoners should he hired out or worked on public roads, repealed the code provision, it must he held also to repeal the amendatory act. Consequently in the counties named in the later act prisoners are not entitled to be discharged as under the act of 1882.