New York Supreme Court, 1829

Merchant v. Mason

Merchant v. Mason
New York Supreme Court · Decided May 15, 1829 · Marcy
2 Wend. 601

Counsel

F. M. Haight, for plaintiff in error., W, H. Tobey, contra.

Merchant v. Mason

Opinion of the Court

By the Court, Marcy, J.

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.

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