Edson v. Cheshire

Decided May 15, 1823

Supreme Court of South Carolina · decided 1823-05-15

Tried before Mr. Justice Gantt, Newberry districtj July-Term, 1822. MOTION to quash the order for bail endorsed on the process, and to discharge the bail, on the ground that the gum sworn to was not sufficient, being only $30 121-2 cents. Motion overruled. The present was an application to reverse that decision, on the grounds, 1st. That $ 30 12 1-2 is not equal to £S0 current money $ and the act must be followed strictly in favour of personal liberty. 2nd.

Decided 1823-05-15

Mr. Justice Colcock

¶1delivered the opinion of the court:

¶2The words of the act admit of no doubt, and leave no discretion on the subject with the Judge. “ No person shall hereafter be held to bail for any sum less than £ 50, current money.” (Public Laws, 273.)

¶3By any mode of computation known to the law on this subject, the sum of $ 30 12 1-2 is less than A50 current. This act was passed in 1769, at which time the current money Jhad not depreciated to the extent that it afterwards *386did, when the scale of depreciation was fixed, and the' value* of the currency at that time was seven for one.

O’Neal '8? Johnson, for the motion,-Rauskett 8? Dunlap, contra.

¶4The motion must therefore be granted.

Justices Johnson7 Huger, Richardson and Nott7 concurred.