Merchant v. Mason
Merchant v. Mason
2 Wend. 601
Opinion of the Court
The statute allows to the sheriff, or his officer, 37a cents for receiving a prisoner into custody, and a like sum for discharging him from custody. The latter sum cannot be exacted for granting the liberties of the jail. Suffering a defendant to go at large on giving a bond for the limits, is not the discharge contemplated by law ; for though the defendant has the liberties of the limits, he is still a prisoner. The judgment, therefore, must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.