¶1The 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.
2 Wend. 601
Merchant v. Mason
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
Error on certiorari. Mason sued Merchant in a justice’s court, to recover money alleged to have been illegally demanded by Merchant, and paid to him by Mason. Mason was committed on a justice’s execution, and executed a bond for the limits with approved security, which was accepted by Merchant as jailer of the county of Monroe, but he refused to permit Mason to go at large on the limits, until he paid the sum of seventy-five cents, demanded as due for jail fees in such cases.
Cited by 1 later decisions — most recently December 1850
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
View the full empirical analysis of this case →